HomeMy WebLinkAbout20251786.tiffHearing Certification
Docket No. 2025-33
Board of County Commissioners
Weld County, Colorado
Use by Special Review Permit, USR25-0005, for a Solar Energy Facility (SEF)
outside of subdivisions and historic townsites in the A (Agricultural) Zone District
— Juan Pablo Gomez Mendiola, c/o RDC CO Weld County Rd 49, LLC
A public hearing was conducted on July 2, 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 — Excused
Also present:
Acting Clerk to the Board, Jan Warwick
Deputy County Attorney, Karin McDougal
Department of Planning Services Representative, Matthew VanEyll
Development Review Representative, Mike McRoberts
The following business was transacted:
El I hereby certify that pursuant to a Notice dated May 15, 2025, and duly published
May 17, 2025, in the Greeley Tribune, a public hearing was conducted to consider the
request of Juan Pablo Gomez Mendiola, c/o RDC CO Weld County Rd 49, LLC, for Use
by Special Review Permit, USR25-0005, 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.
Matthew VanEyll, Department of Planning Services, presented a summary of the
proposal, including number of employees, hours of operation, and waste management
during construction. He stated there will be no night construction or lighting, the applicant
will promote preventative maintenance, as needed, and vegetation maintenance of an
acceptable native seed mixture will occur every ten days based on site conditions.
Mr. VanEyll shared screened portable toilets, handwashing units, and bottled water are
acceptable, during construction. He stated a Dust Mitigation Plan was submitted,
indicating water will be used, as necessary, and a Decommission Plan was submitted,
and is currently under review. He described the sign posting, and shared Notice was sent
to four (4) surrounding property owners (SPOs); however, no written or verbal
communication was received back. Mr. VanEyll entered the favorable recommendation
of the Planning Commission into the record, as written, and displayed images of the site
and surrounding views.
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2025-1786
PL2962
Hearing Certification (USR25-0005) — Juan Pablo Gomez Mendiola, c/o RDC CO
Weld County Rd 49, LLC
Page 2
Mike McRoberts, Department of Planning Services - Development Review, stated
access is located on County Road (CR) 49, which is a local gravel road, with the latest
average daily traffic count of 100 vehicles per day, with 41% being trucks. He shared the
85th percentile speed is 51 mph, and per the applicant's traffic information, there will be
up to 24 vehicle trips per day, consisting of Conex container trucks, delivery and
equipment hauling trucks, and the installation phase of the project will result in
approximately 28 vehicles per day, consisting of passenger vehicles, fuel and delivery
trucks. He stated a Road Maintenance Agreement is required, for construction only, and
described tracking control requirements. Mr. McRoberts shared the site is exempted from
stormwater detention and relayed a Grading Permit is required if more than one (1) acre
of land is disturbed. In response to Commissioner Maxey, Mr. McRoberts confirmed the
primary haul route, to CR 14, is covered under the Dust Suppression Agreement, and
confirmed use of the Oil and Gas access will be reviewed when the access permit is
submitted.
In response to Chair Buck, James Bentley, representative of the applicant, confirmed
his understanding of the procedures to follow should this case result in a tie vote due to
four (4) Commissioners being present and Commissioner Ross being excused, and he
also indicated he had not had contact with any of the Commissioners regarding this case.
James Bentley, Reactivate, represented the applicant and narrated a slide show of
the company and project. He explained their parent company is Invenergy, he and
described the project location is currently an un-farmed parcel. He described the panels
which are single -axis trackers, with an approximate 35 to 40 year lifespan, and explained
the unmanned operation will require a site trip every ten (10) days. In response to
Commissioner Maxey, Mr. Bentley stated the intent is to access the site on the north
property line, they focus on utilizing sites that do not require topography grading of the
parcel and make every attempt to keep the soil enriched for revegetation at end of project.
Mr. Bentley went on to explain, the longer lifespan is controlled by maintenance,
replacements of panels, as needed, and technology improvement and efficiency of the
panels themselves. Lastly, he explained the interaction with Colorado Parks and Wildlife
(CPW) concerning mitigation measures taken for the critical habitats that exist in certain
areas. Responding to Commissioner Maxey, Mr. Bentley shared typical fencing options;
however, for this site, CPW is requesting an eight (8) foot, barbed-wire fence. In response
to Chair Buck, Mr. Bentley stated they are currently working with Xcel Energy on the
application, sharing there are several steps to the Interconnection Agreement, and he
also confirmed there are no water rights on the property. In response to Commissioner
James, Mr. Bentley explained the soil is currently natural habitat and grazing land,
managed with goats and sheep to help with mitigation of blowing sand, in addition to
vegetation management which would also address the concerns of blowing sand.
Commissioner Peppier commented the least amount of disturbance of the existing
2025-1789
PL2962
Hearing Certification (USR25-0005) — Juan Pablo Gomez Mendiola, c/o RDC CO
Weld County Rd 49, LLC
Page 3
vegetation would be ideal. Mr. Bentley shared the native seed, weed mitigation and dust
control will support the existing conditions, and there is no additional watering planned.
el No public testimony was offered concerning this matter.
CI In response to Chair Buck, Mr. Bentley, on behalf of the applicant, indicated they have
reviewed the Conditions of Approval and Development Standards, as presented, and
request no changes.
El The Board reviewed the Conditions of Approval and Development Standards.
Regarding Condition of Approval #1.B, Commissioner Maxey commented
acknowledgement can take many forms, since the CPW referral is a request and not a
requirement. Commissioner Maxey stated there does not appear to be any irrigation
systems on the property or adjacent to the property, which Mr. Bentley confirmed;
therefore, Commissioner Maxey suggested striking Development Standards (DS) #15
(existing irrigation systems), also DS #19 (lighting). The Board agreed to the
aforementioned changes.
No public testimony was offered regarding changes made to the Conditions of
Approval and Development Standards.
Commissioner James moved to approve the request of Juan Pablo Gomez Mendiola,
c/o RDC CO Weld County Rd 49, LLC, for Use by Special Review Permit, USR25-0005,
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 Maxey and it carried
unanimously. There being no further discussion, the hearing was completed at 10:36 a.m.
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 16th day of July, 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
2025-1789
PL2962
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