HomeMy WebLinkAbout20250087.tiffHearing Certification
Docket No. 2024-68.C
Board of County Commissioners
Weld County, Colorado
Use by Special Review Permit, USR24-0024, for a Solar Energy Facility (SEF)
outside of subdivisions and historic townsites in the A (Agricultural) Zone District
— Colorado State Land Board, c/o Pivot Solar 45, LLC, and Pivot Solar 55, LLC
A public hearing was conducted on February 19, 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, Maxwell Nader
Department of Public Health and Environment Representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a Notice dated November 18, 2024, and duly
published November 20, 2024, in the Greeley Tribune, a public hearing was conducted
on January 8, 2025, to consider the request of the Colorado State Land Board, do
Pivot Solar 45, LLC, and Pivot Solar 55, LLC, for Use by Special Review Permit,
USR24-0024, for a Solar Energy Facility (SEF) outside of subdivisions and historic
townsites in the A (Agricultural) Zone District. At said hearing, the Board continued the
matter to January 29, 2025, to allow the applicant adequate time to address the concerns
of a surrounding property owner. At said hearing, the Board continued the matter to
February 19, 2025, to allow staff adequate time to review newly presented traffic
information. Karin McDougal, Deputy County Attorney, made this a matter of record.
JR Maxwell Nader, Department of Planning Services, presented a brief summary of the
proposal, and shared, during construction, there will be a crew of approximately 50
persons, Monday through Friday, 7:00 a.m. to 6:00 p.m., and one temporary construction
trailer may be located onsite, as well as two storage containers on each property. He
stated an operations and maintenance team will visit the site up to eight (8) times,
annually, to perform routine maintenance, project monitoring and vegetation control, an
acceptable native dry -land seed mixture will be planted on all disturbed areas, and sheep
cc : PL. (1)E/1 -O., /DP/ kR)
03/13(9-S
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Hearing Certification (USR24-0024) — Colorado State Land Board, c/o Pivot Solar 45,
LLC, and Pivot Solar 55, LLC
Page 2
grazing will be utilized for vegetation control. Mr. Nader stated there are no residents
within 500 feet of the disturbed area and an eight (8) -foot game fence will surround the
facility. He described the sign posting, stated Notices were sent to surrounding property
owners (SPOs), and one letter of opposition was received with concerns regarding: 1) an
individual relying on the grounds for cattle grazing, 2) the section currently being under
construction for oil and gas and permitting, 3) the possibility of severe erosion, and 4)
how the applicant will obtain easements for access to the facility. He shared, per the
Development Review staff, the applicant has proposed using an unmaintained right-of-
way (ROW) to access the maintained portion of CR 61, a permit will be required for
commercial access onto the maintained portion of CR 61, a preliminary traffic report
states the construction and operational traffic will travel north on CR 61, east on CR 50,
north on CR 61, and then onto U.S. Highway 34. He relayed, during the anticipated nine
(9) -month construction period, there will be an average of 79 vehicle trips per day,
construction traffic will include equipment delivery trucks, and during operation there will
be an average of three (3) vehicle trips per month. He noted a portion of the existing,
unmaintained road north of the site is not an existing 30 -foot -wide usage ROW; therefore,
the applicant shall obtain and submit an Easement Agreement that allows usage of the
road that is not within the County's ROW. He stated an acceptable Final Traffic Report is
required, and an Improvements and Road Maintenance Agreement with up front
improvements for construction, including but not limited to, the application of magnesium
chloride on CR 61 south to CR 50, tree maintenance as needed on the northwest corner
of CR 61 and CR50. He shared a Traffic Management Plan, as needed, for the CR 61
and CR50 intersections, is also required, as well as a pre -inspection and post -inspection
of the haul route to be conducted by a representative of the Department of Public Works.
Mr. Nader stated dust control and damage repair to specified haul routes is required, and
an accepted Drainage Report was submitted, depicting the types of soils present, which
entitles the project to be exempted from stormwater detention. Mr. Nader entered the
favorable recommendation of the Planning Commission into the record, as written, and
displayed images of the site and surrounding views.
El Lauren Light, Department of Public Health and Environment, stated screened
portable toilets are acceptable, during construction, a Dust Mitigation Plan was submitted,
sheep grazing may be used under the panels, and the Department has six (6)
Development Standards (DS) which shall be adhered to and there are no outstanding
items for the request.
IR Bradley Thomas, Pivot Energy, represented the applicant, and in response to
Chair Buck, indicated they had not had contact with any of the Commissioners regarding
this case. Mr. Thomas provided a slide show presentation (Exhibit D), introducing Pivot
Energy specifically for the new Commissioners. He stated the site is dryland with no
nearby neighbors or water, and he shared they have a Land Lease with the Colorado
State Land Board. He described the specifics of the project, sharing both projects have
2025-0087
PL2936
Hearing Certification (USR24-0024) — Colorado State Land Board, do Pivot Solar 45,
LLC, and Pivot Solar 55, LLC
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been awarded capacity in Xcel's programs, and explained the end of project lifespan will
be decommissioned and restored to original condition. He shared this is a dual use SEF,
which will host some type of agriculture use, i.e., grazing, crop production or habitat
enhancement. He explained the Community Outreach and Communication hosted by
Pivot Energy regarding this project, explaining their three (3) touchpoint policy. He shared
a neighboring landowner expressed concerns at the Planning Commission hearing,
specifically: 1) access having been moved from CR 44 to CR 61, 2) the grazing corridor
along the north section of the property, and 3) he has some existing fencing on the
property. In response to these concerns, he explained the applicant has submitted a new
traffic letter, determined the site plan will not interfere with the grazing corridor, and a
verbal agreement was met to ensure Pivot Energy will tie the fencing into the project
fencing. In response to Commissioner Maxey, Mr. Thomas confirmed the access is off
CR 61, and there is an existing road from the CR 61 access which is maintained by
Chevron. In response to Commissioner Peppier regarding the verbal agreement,
Mr. Thomas confirmed Pivot Energy agrees to the verbal agreement. Responding to
Commissioner Maxey, Mr. Thomas stated the Colorado Parks and Wildlife (CPW) referral
suggests an eight (8) -foot -tall fence and the National Electric Code requirement is for the
same.
iEl No public testimony was offered concerning this matter.
la In response to Chair Buck, Mr. Thomas indicated they have reviewed, and agreed to
abide by, the Conditions of Approval and Development Standards, as amended.
The Board reviewed the Conditions of Approval and Development Standards.
Commissioner Maxey suggested removal of DS #19 (Lighting); however, Commissioner
Ross suggested retaining DS #19 for consistency, Mr. Nader relayed it will be enforced
as part of the Code, regardless of the Resolution, and after some discussion, DS #19
(Lighting) was deleted.
le No public testimony was offered regarding changes made to the Conditions of
Approval and Development Standards.
Commissioner James moved to approve the request of Colorado State Land Board,
c/o Pivot Solar 45, LLC, and Pivot Solar 55, LLC, for Use by Special Review Permit,
USR24-0024, 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
10:50 a.m.
2025-0087
PL2936
Hearing Certification (USR24-0024) — Colorado State Land Board, do Pivot Solar 45,
LLC, and Pivot Solar 55, 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 5th day of March, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Excused Date of Approval
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Excused Date of Approval
Attest:
Esther E. Gesick, Clerk to the Board
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PL2936
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