HomeMy WebLinkAbout20231303.tiffHEARING CERTIFICATION
DOCKET NO. 2023-29
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR23-0006, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS
AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT -
TIMOTHY AND LAURA COOK, C/O PIVOT SOLAR 35, LLC
A public hearing was conducted on May 17, 2023, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Perry L. Buck, Pro-Tem
Commissioner Scott K. James
Commissioner Kevin D. Ross
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jess Reid
Assistant 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:
El I hereby certify that pursuant to a notice dated April 10, 2023, and duly published April 12,
2023, in the Greeley Tribune, a public hearing was conducted to consider the request of
Timothy and Laura Cook, c/o Pivot Solar 35, LLC, for a Site Specific Development Plan and Use
by Special Review Permit, USR23-0006, for a Solar Energy Facility (SEF) outside of subdivisions
and historic townsites in the A (Agricultural) Zone District. Karin McDougal, Assistant County
Attorney, made this a matter of record.
El Diana Aungst, Department of Planning Services, presented a brief summary of the proposal,
including the general location of the site, of which the SEF will encompass approximately
21 acres. She provided specifications of the solar panels, the number of employees and hours of
operation during construction, and noted, once operational, a maintenance team will visit the site
four (4) to eight (8) times a year. She indicated the applicant will install a wildlife friendly game
fence and relayed the owner currently leases limited well water rights, which are unrelated to the
SEF. She stated Pivot Energy is working to ensure agricultural uses can remain onsite and work
in conjunction with the SEF, and mentioned they may use dry land grazing sheep to mitigate
weeds. She explained there are four (4) residences within 500 feet of the SEF, with nine (9)
properties adjacent, listed the surrounding land uses and confirmed that notice was sent to nine
(9) surrounding property owners (SPOs), and no correspondence was received in return. She
relayed the site is located within the Coordinated Planning Agreement (CPA) area of the City of
Evans and the Town of Milliken, and indicated the applicant is not able to annex into the City of
Evans, due to clause in the lease with Pivot Energy. She went on to state the site is within the
City of Evans' Urban Growth Boundary, with a future land use designation of "Industrial", and is
within the three (3) mile referral area of the City of Evans and the Towns of LaSalle and Milliken.
She shared, per the Development Review staff, there is an existing access on County Road (CR)
cc: PL (1P/IAN/DA) 2023-1303
06 /0,1/23PL2868
HEARING CERTIFICATION - TIMOTHY AND LAURA COOK, C/O PIVOT SOLAR 35, LLC
(USR23-0006)
PAGE 2
33, which is under the jurisdiction of the Town of Evans and the site meets an exception for
stormwater detention. Ms. Aungst entered the favorable recommendation of the Planning
Commission into the record as written, displayed images of the site and surrounding views, and
in response to Commissioner Ross, re -displayed the photo of surrounding residences.
El Lauren Light, Department of Public Health and Environment, stated a portable toilet is
acceptable during construction and relayed the applicant submitted a Dust and Weed Mitigation
Plan.
Kyle Sundman, Pivot Energy, represented the applicant and presented a PowerPoint
presentation that was applicable to all three (3) SEF applications being considered today. He
described Pivot Energy, as a company, provided information utilized in the locational decision of
the site(s), and touched on Pivot Energy's desire to continue agricultural production on the land.
He relayed they will use a low -growth, native seed mix to graze sheep on the land and provided
details about the Decommissioning Plan, as well as the benefits of the SEF to the community.
El Annie Lappe, Vice President of Policy and Impact for Pivot Energy, discussed Pivot Energy's
community impact, as well as the outreach and engagement that was done in the community prior
to the hearing, with no concerns from the SPOs. She outlined the benefits to Weld County and
provided energy cost statistics from Energy Outreach Colorado, a company which helps
low-income families with rising energy costs.
Mr. Sundman explained how community solar works and how they are able to provide
donations to low-income families on this particular project. He also discussed details specific to
the subject site and reiterated the community outreach that was done.
le Tim Cook, property owner, stated, in 2002, the State of Colorado shut down the irrigation
wells that watered the site, at which time they shifted to well augmentation with the Central
Colorado Water Conservancy District. He relayed they are allowed a small pumping quota each
year, resulting in a dry land farm, as farming has not been sustainable since the loss of the
irrigation well. He explained the SEF would provide him and his wife income from the farm, without
having to consider developing the land. Responding to Commissioner Saine, Mr. Cook confirmed
they have not been able to establish the seeded native grasses for grazing, due to a lack of water.
In response to Commissioner Ross, he confirmed he and his wife do not currently live in the on -
site residence and mentioned the closest residence is actually used as the office for a nearby
business. He showed the site entrances, including one on the southwest corner and several on
CR 33. Commissioner Buck expressed appreciation for Mr. Cook being at the hearing.
El Responding to Commissioner Ross, Mr. Sundman relayed the applicant will help maintain
CR 33 and confirmed they have an Access Permit with the City of Evans. With regard to screening
on the southwest corner of the property, he stated the applicant will install landscaping or opaque
fencing, unless the SPO signs a waiver stating they would prefer a stipend instead.
Commissioner James indicated he sees no adverse impacts with the proposed use.
E No public testimony was offered concerning this matter.
2023-1303
PL2868
HEARING CERTIFICATION - TIMOTHY AND LAURA COOK, C/O PIVOT SOLAR 35, LLC
(USR23-0006)
PAGE 3
El In response to Commissioner James, Ms. Aungst indicated Development Standard (DS) #37
(vacation of USR permit) has been in the Code for quite some time; however, the Department of
Planning Services just started putting it in Resolutions so it will be placed on the USR map, making
people aware of the option to vacate.
In response to Chair Freeman, Mr. Sundman indicated he had, on behalf of the applicant,
reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as
amended.
Commissioner Ross pointed out there are industrial uses on two (2) sides of the subject site,
and in response, Mr. Sundman indicated a handful of people did show up to the community
outreach event and no one expressed concerns. Commissioner Ross stated, due to compatibility
with the area, and no concerns from SPOs, he was going to support the application.
El Commissioner Saine moved to approve the request of Timothy and Laura Cook,
c/o Pivot Solar 35, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR23-0006, 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 Buck, and Chair Freeman expressed
support for the application, as the site is designated as industrial in the City of Evans' long range
planning. The motion carried unanimously and there being no further discussion, the hearing was
completed at 10:44 a.m.
This Certification was approved on the 5th day of June, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: daytiA) �p;�
Weld County Clerk to the Board
2023-1303
PL2868
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