HomeMy WebLinkAbout20250202.tiffHearing Certification
Docket No. 2024-50.A
Board of County Commissioners
Weld County, Colorado
Major Amended Use by Special Review Permit, 1MJUSR24-20-0011, for a
Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the
A (Agricultural) Zone District — Scott Peterson, c/o SunShare Solar, LLC,
dba Starlily Solar, LLC
A public hearing was conducted on January 22, 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 Peppier
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 August 13, 2024, and duly published
August 16, 2024, in the Greeley Tribune, a public hearing was conducted on to consider
the request of Scott Peterson, do SunShare Solar, LLC, dba Starlily Solar, LLC, for Major
Amended Use by Special Review Permit, 1 MJUSR24-20-0011, for a Solar Energy Facility
(SEE) outside of subdivisions and historic townsites in the A (Agricultural) Zone District.
At said hearing the Board referred the matter back to staff to allow time to review changes
to the application, requested by the applicant, and to provide proper notification to the
surrounding property owners who are potentially impacted by the requested changes.
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 revised
application. Karin McDougal, Deputy County Attorney, made this a matter of record.
El Maxwell Nader, Department of Planning Services, presented a brief summary of the
proposal and shared the site will operate separately of USR20-0011. He described the
maximum height of the solar panels, and stated construction will consist of approximately
60 employees, Monday through Friday, 7:00 a.m. to 6:00 p.m. He shared one storage
container will be onsite following construction, an Operations and Maintenance team will
visit the site quarterly, an acceptable native dry -land seed mixture will be planted, which
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Hearing Certification (1 MJUSR24-20-0011) - Scott Peterson, c/o SunShare Solar, LLC,
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does not require irrigation once established, sheep grazing may be utilized for vegetation
control, and he described the fencing proposed around the facility. He shared, per the
Development Review staff, there is an existing, permitted oil and gas access, and a
residential access onto County Road (CR) 36 and an existing permitted commercial
access onto CR 31, which is with a different company, and the applicant is required to
obtain a commercial access permit for a location which meets the minimum access
spacing criteria. He stated CR 36 is a local gravel road with 60 feet of right-of-way, and
traffic information submitted indicates, during the construction timeframe, the site will
generate approximately 38 vehicle round trips per day, to include delivery trucks and
passenger vehicles. He shared, during operation, there will be one (1) utility vehicle per
quarter, and the construction traffic shall head south on CR 31, which is a paved collector
road. He explained CR 32 will provide access to U.S. Highway 85, and a Road
Maintenance Agreement is requested, including, but not limited to, dust control and
damage repair to specified haul routes during construction. He stated a Drainage
Narrative has been submitted stating the site meets the stormwater detention exception,
and he described the sign posting. Mr. Nader affirmed Notice was sent to ten (10)
surrounding property owners (SPOs); however, no responses were received. He stated
the site is located within the three (3) mile referral areas and Coordinated Planning
Agreement areas of the Towns of Gilcrest and Platteville, and the Town of Platteville
returned a Notice of Inquiry (NOI) form stating no annexation will be pursued. Mr. Nader
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
Commissioner Ross, Mr. Nader pointed out the location of surrounding residences, and
the location of the existing SEF site in relation to the new site. In response to
Commissioner Maxey, Mr. Nader confirmed this application is for a separate site, with a
separate owner. He also explained the fencing language from Colorado Parks and
Wildlife (CPS) is boilerplate language recognized and complied with by the solar industry.
El Lauren Light, Department of Public Health and Environment, stated since no
employees are onsite, screened portable toilets are acceptable, during construction, and
water haulers will supply water for dust control and sheep grazing under the panels. She
shared the department has six (6) Development Standards (DS) to be adhered to and
there are no outstanding items with the request.
Kristy Weyerman, SunShare representative, in response to Chair Buck, indicated she
had not had contact with any of the Commissioners regarding this case.
El Ms. Weyerman provided her background in solar, and the history of SunShare and
community solar. She narrated a slide show presentation (Exhibit D), and stated access
is onto CR 31. She explained Nautilis is the owner of the existing SEF, and a shared
Access Agreement is being negotiated with them. She stated an Interconnection
application has been submitted to Xcel Energy, and shared residents and surrounding
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community members may become subscribers. Ms. Weyerman relayed, with no water
rights, local sheep farmers will utilize the area below the panels for grazing, which will be
planted with a native seed mix or pollinator mix to make the site a pollinator waystation.
She explained a community meeting was held on March 18, 2024, with one (1) concern
voiced regarding dust, which will be addressed by a water hauler to assist with dust
mitigation. She stated traffic will consists of ten (10) to 20 vehicles per day for material
delivery and during the full installation process, which is approximately three (3) to four
(4) months. In response to Commissioner Maxey, Ms. Weyerman explained the fencing
requirement; however, Commissioner Maxey stated there is no CPW high priority habitat
in the area and suggested the potential of a six (6) foot tall chain -link fence for security.
Commissioner Ross expressed his agreement with Commissioner Maxey, stating a
referral is not a requirement, and commented the presentation should be focused on the
specific site. Chair Buck agreed with the comments regarding the presentation and
expressed the fencing should move forward with what was shared with neighbors.
Ms. Weyerman confirmed there would be no Agrivoltaic crop vegetation, since there is no
water at this location. In response to Chair Buck, Ms. Weyerman explained the shared
access agreement is with Nautilus, and the Interconnection Agreement is being
negotiated with Xcel. In response to Commissioner James, Ms. Weyerman confirmed the
agreement with Xcel is not speculative. Commissioner James stated there needs to be
some kind of cumulative impact of solar facilities, comparable to what is considered with
oil and gas. In response to Chair Buck, Ms. Weyerman confirmed the residences are
further than 500 feet away; therefore, there is no noise study. In response to
Commissioner James, Mr. Nader explained staff typically looks for communication
between the applicant and the referred entity, and Commissioner James explained "shall
acknowledge" does not mean "shall comply". Commissioner Ross agreed.
No public testimony was offered concerning this matter.
El The Board reviewed the Conditions of Approval and Development Standards, and no
changes or corrections were made.
Ei 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.
Commissioner James moved to approve the request of Scott Peterson, c/o SunShare
Solar, LLC, dba Starlily Solar, LLC, for Major Amended Use by Special Review Permit,
1 MJUSR24-20-0011, 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
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Hearing Certification (1MJUSR24-20-0011) - Scott Peterson, do SunShare Solar, LLC,
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Page 4
carried unanimously. There being no further discussion, the hearing was completed at
10:32 a.m.
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Minutes, on motion duly made and seconded, by the following vote on the
5th day of February, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppier: Aye
Kevin D. Ross: Aye
Attest:
Esther E. Gesick, Clerk to the Board
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