HomeMy WebLinkAbout20230199.tiffHEARING CERTIFICATION
DOCKET NO. 2022-88
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR22-0024, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS
AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT -
LYTLE FARMS, LLC, C/O SUNSHARE, LLC, DBA BECLEE SOLAR, LLC
A public hearing was conducted on January 25, 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, Jan Warwick
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:
hereby certify that pursuant to a notice dated December 12, 2022, and duly published
December 14, 2022, in the Greeley Tribune, a public hearing was scheduled for January 18, 2023,
and then rescheduled due to inclement weather and closure of County Offices. On January 25,
2023, a hearing was conducted to consider the request of Lytle Farms, LLC, do SunShare, LLC,
dba BecLee Solar, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR22-0024, for 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
and described the sign posting and the location of the site. She relayed 16 referrals were sent
out, seven (7) referral agencies submitted responses, and nine (9) did not respond. She described
the operation, to be known as the Beclee Solar Garden, and reviewed the equipment of the facility,
with construction taking place from 7:00 a.m. to 5:00 p.m., for approximately three (3) months,
with a maximum of 60 workers, using a temporary mobile office onsite. Ms. Aungst stated the
temporary waste facility will be removed upon completion of construction, and one metal conex
box will remain onsite for storage of replacement parts and tools, as needed. Ms. Aungst
explained there is an opportunity to allow sheep to graze and maintain the vegetation, with as
many as 60 sheep onsite, contained within an eight (8) -foot game fence surrounding the site. She
stated the site has one (1) share of irrigation water, which is about ten (10) percent of the water
needed to irrigate the 80 -acre farm, thus, the owner rents water, and lease proceeds will pay for
improvements to the farm and allow for increased productivity. She relayed a Decommission Plan
was submitted with the application. Ms. Aungst stated there are no residential homes closer than
500 feet, with the exception of the applicant's residence, and she described the 16 Use by Special
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2023-0199
PL2846
HEARING CERTIFICATION - LYTLE FARMS, LLC, C/O SUNSHARE, LLC,
DBA BECLEE SOLAR, LLC (USR22-0024)
PAGE 2
Review (USR) Permits within one (1) mile. She confirmed Notices were sent to 11 surrounding
property owners (SPOs), one letter of objection was received, with a petition supporting the
objection being received on January 3, 2023, which was signed by five (5) SPOs, with complaints
about noise, EMF Radiation, light pollution, negative impacts on wildlife and ecosystems, and loss
of property values. She stated the site is located within the three (3) mile referral area of the City
of Greeley, which referral, dated September 1, 2022, stated the site is located in, and compliant
with, their Long Range Expected Growth area. She shared, per the Development Review staff,
an Access Permit will be required for the existing permitted access onto County Road (CR) 66.
She said CR 66 is paved and designated on the Weld County Functional Classification Map as
an arterial road, which requires 140 feet of right-of-way. She stated average daily traffic counts
558 vehicles per day, with 48% trucks, and traffic information submitted indicates construction
traffic will be ten (10) to 15 vehicles per day, of which two (2) may be heavy vehicles, and the
operation traffic will be 12 vehicles per year. She relayed a Road Maintenance Agreement is
required for construction, including, but not limited to, dust control and damage repair to specified
haul routes, and a Weld County Grading Permit is required if more than one (1) acre of land 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.
El Lauren Light, Department of Public Health and Environment, stated since no employees will
be located at the site, a screened portable toilet and bottled water are adequate for construction,
with noise adhering to the non -specified zone of 25 feet off the property line. She said typical dust
and waste items are included in the Conditions of Approval, and Development Standards
(DS) #24 - #29 address Environmental Health items, so there are no outstanding issues with the
request.
Elizabeth Scanlon represented the applicant, introduced Kaycee Lytle, who is the property
owner, and narrated a slide show. She stated the site will remain fully agricultural in use and
described the relationship between Xcel and Sunshare. She shared letters were sent to 11 SPOs,
in addition to hosting a community meeting, where there were no attendees. She described the
benefits of the project to Weld County, read a statement from the property owner, and explained
the proposed agricultural uses include sheep grazing, and till to no -till agriculture. In response to
Commissioner Buck, Ms. Scanlon confirmed the energy will remain in the area.
Kaycee Lytle, property owner, shared his plans for use of the farm, and stated the one (1)
share of water was acquired when the property was purchased, which allowed for him to rent
enough water to fully irrigate the farm one (1) out of the three (3) years that he has been owner.
He explained the challenge to obtain consistent water, which led him with to apply for a grant to
convert the farm from flood irrigation to subsurface, drip irrigation. He stated the solar farm option,
will help maintain the agriculture aspect of the ground, including the sheep grazing.
Commissioner Ross and Commissioner James commended Mr. Lytle for his innovative and
forward thinking.
No public testimony was offered regarding the request.
2023-0199
PL2846
HEARING CERTIFICATION - LYTLE FARMS, LLC, C/O SUNSHARE, LLC,
DBA BECLEE SOLAR, LLC (USR22-0024)
PAGE 3
Fi In response to Chair Freeman, Ms. Scanlon, on behalf of the applicant, indicated they have
reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as
presented.
El In response to Chair Freeman, Ms. Aungst confirmed a Screening Plan was not required
since the closest residences are not within the 500 -foot boundary, and Ms. Scanlon described the
proposed screening. Chair Freeman stated if the neighbors are not asking for screening, it does
not need to be required.
El The Board reviewed the Conditions of Approval and Development Standards. a In
response to Commissioner Ross, Mr. Lytle explained how deposit build-up is managed, and
shared there is a way to repair leaks using GPS location. In response to Chair Freeman,
Ms. Aungst confirmed a Property Maintenance Plan was submitted with the application. The
Board accepted the Conditions of Approval and Development Standards as presented.
Commissioner Saine moved to approve the request of Lytle Farms, LLC, do SunShare, LLC,
dba BecLee Solar, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR22-0024, for 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 Ross, and it carried unanimously. There being no further
discussion, the hearing was completed at 10: 57 a.m.
This Certification was approved on the 8th day of February, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddill44) jeL:eik
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
eman, Chair
erry L. B I'ck, Pro-Tem
EXCUSED DAY OF APPROVAL
Scott K. James
Kevin D. Ross
Lori Saine
2023-0199
PL2846
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