HomeMy WebLinkAbout20250304.tiffHearing Certification
Docket No. 2025-02
Board of County Commissioners
Weld County, Colorado
Use by Special Review Permit, USR24-0023, for a Solar Energy Facility (SEF)
outside of subdivisions and historic townsites in the A (Agricultural) Zone District
- Parkview Apartments, LLC, c/o SunShare, LLC, dba Periwinkle Solar, LLC,
Longspur Solar, LLC, and 1876 Solar, LLC
A public hearing was conducted on February 5, 2025, at 10:00 a.m., with the following
present:
Commissioner Perry L. Buck, Chair
Commissioner Scott K. James, Pro-Tem
Commissioner Jason S. Maxey
Commissioner Lynette Peppler
Commissioner Kevin D. Ross
Also present:
Acting Clerk to the Board, Jan Warwick
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 December 6, 2024, and duly published
December 11, 2024, in the Greeley Tribune, a public hearing was conducted to consider
the request of Parkview Apartments, LLC, c/o SunShare, LLC, dba Periwinkle Solar, LLC,
Longspur Solar, LLC, and 1876 Solar, LLC, for Use by Special Review Permit,
USR24-0023, 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 Diana Aungst, Department of Planning Services, presented a brief summary of the
proposal, and described the sign posting and location of the site. She shared 14 referrals
were sent out, nine (9) responded without concerns or included conditions which are
addressed in Conditions of Approval (COA) and Development Standards (DS), and
five (5) agencies did not respond. She stated the site will be constructed on 45 acres, with
three (3) phases, which she described. Ms. Aungst explained the size of the panels, and
shared 60 workers will be onsite during construction, which will occur Monday through
Friday from 7:00 a.m. to 6:00 p.m. She relayed there will be one (1) temporary
construction trailer and two (2) storage containers onsite, during construction, and one (1)
container will remain after construction. She shared an Operations and Maintenance team
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02/21 /25
2025-0304
PL2940
Hearing Certification (USR24-0023) — Parkview Apartments, LLC, do SunShare, LLC,
dba Periwinkle Solar, LLC, Longspur Solar, LLC, and 1876 Solar, LLC
Page 2
will visit the site quarterly to perform routine maintenance, project monitoring and
vegetation control. Additionally, an eight (8) -foot -tall, wildlife game fence will enclose the
facility, a native seed mixture will be planted on all disturbed areas, which will not require
irrigation, once established, and sheep will be utilized to manage vegetation. She stated
there are six (6) residences less than 500 feet from the boundary of the parcel; however,
the SEF is configured to ensure no residences lie within 500 feet of the disturbed area.
She described the surrounding uses and relayed five (5) surrounding property owners
were sent Notices, with no concerns received back; however, one (1) letter of support
was received. Ms. Aungst stated the site is located within the Coordinated Planning
Agreement area for the Towns of Ault and Severance, and within the three (3) mile referral
area of the Towns of Ault, Severance and Pierce, which all submitted Referral Agency
comments with no concerns. She explained the site is located outside the Town of
Severance's Future Land Use Map, but it is within the Town of Ault's planning area, and
classified as A (Agricultural), according to their Comprehensive Plan. She shared, per the
Development Review staff, access is on State Highway 14, which is under the jurisdiction
of the Colorado Department of Transportation (CDOT), a Drainage Narrative was
submitted, which demonstrates the site is exempt from stormwater detention, and a Weld
County Grading Permit is required, if more than one (1) acre is disturbed. Ms. Aungst
entered the favorable recommendation of the Planning Commission into the record, as
written, and displayed images of the site and surrounding views.
fa In response to Commissioner Ross, Ms. Aungst confirmed the applicant will be
required to meet all the setback requirements from State Highway 14. In response to
Commissioner Maxey, Ms. Aungst deferred to the applicant's representative regarding
the three projects, and why they are combined under one application request.
Lauren Light, Department of Public Health and Environment, explained since no
employees will be located on the site, screened portable toilets are acceptable, during
construction, and a Dust Mitigation Plan was submitted. Ms. Light further stated
Environmental Health has six (6) Development Standards to be adhered to.
In response to Chair Buck, Kristy Weyerman, applicant representative, indicated they
had not had contact with any of the Commissioners regarding this case. She confirmed
access is onto State Highway 14 and an application for access has been applied for
through CDOT. She shared it is standard practice for installation of the eight (8) -foot -tall
game fence, which is more appealing than a chain -link fence. She reiterated the size and
look of the solar panels, shared a Notice was sent out to residents within 1,000 feet of the
project, and a community meeting was held at the Eaton Country Club on December 17,
2024, and showed a depiction of the proposed panels from the location of the one resident
who voiced concern. Ms. Weyerman confirmed there is an Interconnection Agreement
process with Xcel Energy, and shared sheep grazing will be utilized to manage
vegetation. Responding to a previous question from Commissioner Ross, Ms. Weyerman
2025-0304
PL2940
Hearing Certification (USR24-0023) — Parkview Apartments, LLC, c/o SunShare, LLC,
dba Periwinkle Solar, LLC, Longspur Solar, LLC, and 1876 Solar, LLC
Page 3
explained the current crop is alfalfa with flood irrigation; however, Mark Jansen, Jansen
Brothers, owner of property, has no water on the site and has to purchase water, which
is not economical. She also explained the use of dryland seed mix or a pollinator seed
mix for ground coverage, which will be mowed and sprayed as need for vegetation control.
In response to Commissioner Maxey, Ms. Weyerman confirmed there was one (1)
attendee at the community meeting, she explained the three phases of the installation,
and stated financing is awarded under the limited liability company. She confirmed the
acreage is 54 acres for the total parcel, the lease is for 53 acres, and the solar disturbance
acreage is 45 acres. Commissioner James commented that Xcel Energy only grants
Interconnection Agreements for specific acreage, and this is a great example of the
cumulative impact. In response to Commissioner James, Ms. Weyerman explained sheep
help with weed mitigation, due to the size of the panels when flat, and water will be hauled
for the sheep, as needed, which is minimal, therefore water hauling traffic is not a part of
the traffic study. Commissioner Ross commented Agrivoltaic is not an appropriate
description for sheep grazing on the solar farms. In response to Commissioner Ross, Ms.
Weyerman confirmed alfalfa was produced on the site last year, but they are no longer
able to lease water for the site.
Et No public testimony was offered concerning this matter.
In response to Chair Buck, Ms. Weyerman, on behalf of the applicant, indicated they
have reviewed, and agreed to abide by, the Conditions of Approval and Development
Standards, as presented.
El The Board reviewed the Conditions of Approval and Development Standards, and no
changes or corrections were made. In response to Commissioner Maxey, Ms. Aungst
relayed that Brett Cavanaugh, Director of Oil and Gas Energy, requested COA #5.B
(ALTA Survey) be added to all SEF conditions for verification of no subsurface facilities.
Ms. Weyerman also confirmed the site is offset from the right-of-way easement, plus the
additional setbacks to the proposed expansion of State Highway 14.
=r Commissioner Ross moved to approve the request of Parkview Apartments, LLC,
c/o SunShare, LLC, dba Periwinkle Solar, LLC, Longspur Solar, LLC, and 1876 Solar,
LLC, for Use by Special Review Permit, USR24-0023, 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 Maxey, and it carried unanimously. There being no further
discussion, the hearing was completed at 10:29 a.m.
2025-0304
PL2940
Hearing Certification (USR24-0023) — Parkview Apartments, LLC, c/o SunShare, LLC,
dba Periwinkle Solar, LLC, Longspur Solar, LLC, and 1876 Solar, LLC
Page 4
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Hearing Certification, on motion duly made and seconded, by the following
vote on the 19th day of February, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Aye
Attest:
Esther E. Gesick, Clerk to the Board
2025-0304
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