HomeMy WebLinkAbout20231344.tiffHEARING CERTIFICATION
DOCKET NO. 2023-30
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR23-0007, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS
AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT -
ROBERTA MCGREGOR AND ERIK DAVIS, PERSONAL REPRESENTATIVE FOR
DOROTHY DAVIS, C/O PIVOT SOLAR 33, 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, Jan Warwick
Assistant County Attorney, Karin McDougal
Department of Planning Services representative, Molly Nelson
Department of Public Health and Environment representative, Lauren Light
The following business was transacted:
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
Roberta McGregor and Erik Davis, Personal Representative for Dorothy Davis, c/o Pivot Solar 33,
LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR23-0007, 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.
Molly Nelson, Department of Planning Services, presented a brief summary of the proposal
on 26 acres, with the SEF consisting of 11,000 to 11,500 panels. She shared, during construction,
approximately 40 workers will be onsite, each day, as well as one (1) temporary construction
trailer and up to two (2) storage containers. She relayed, any debris, junk or waste associated
with building the project will be removed and disposed of prior to completion of the facility.
Ms. Nelson stated the applicant will have operations and maintenance teams that will visit the site
four (4) to eight (8) times annually. She explained an eight (8) -foot tall, wildlife friendly, game
fence will surround the project, and holistic land management practices will be utilized by seeding
with a low-grade, pollinator friendly, native seed mixture under the panels. Additionally, the
existing pivot sprinkler will be converted to flood irrigation, so the property owner may maintain
farming on the remainder of the site, well water is provided through the Central Weld County
Water District, and no irrigation shall occur beneath the panels. She shared, per the Development
Review staff, access is onto CR 35, which is a paved, arterial road requiring 14 feet of right-of-way.
The most recent traffic counts found the average of daily traffic to be 461 vehicles per day, with
20% being trucks, and traffic information submitted by the applicant indicates construction traffic
will be ten (10) to 15 vehicles per day, of which, two (2) may be heavy vehicles and operational
CG'. PL (fl'/MN/DA/M)4MW
06 /tat /23
2023-1344
PL2869
HEARING CERTIFICATION - ROBERTA MCGREGOR AND ERIK DAVIS,
PERSONAL REPRESENTATIVE FOR DOROTHY DAVIS, C/O PIVOT SOLAR 33, LLC
(USR23-0007)
PAGE 2
traffic will be two (2) to four (4) vehicles, per year. She explained a Road Maintenance Agreement
is requested for construction, including, but not limited to, dust control and damage repair to
specified haul routes during construction, and an acceptable Drainage Narrative was submitted,
exempting stormwater detention. She described the sign posting, and stated 14 SPOs were
noticed; however, no written correspondence or telephone calls were received. Ms. Nelson stated
the site is located within the three (3) mile referral area of the Town of Gilcrest, the Town of
LaSalle and the City of Evans; the Town of LaSalle, in their Notice of Inquiry, requested the
applicant consider the western portion of the property, adjacent to CR 35, remain available for
future development. She pointed out a portion of the land which is located within the Coordinated
Planning Agreement boundaries for the Town of LaSalle and the City of Evans. She stated the
adjacent unincorporated lands to the west of the property are zoned 1-2 (Industrial), with an
existing Site Plan Review for an office, outdoor storage, and vehicle repair and service, and the
adjacent properties to the north, south and east are zoned A (Agricultural), and she described the
surrounding Uses. Ms. Nelson 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 Chair Freeman, who agreed a Road Maintenance Agreement should be
required, but is stricken in the Conditions of Approval, following discussion, Melissa King,
Development Review, stated it would be more consistent to leave the Road Maintenance
Agreement paragraph in the stricken location, Prior to recording the map. Ms. Nelson stated the
paragraph which should have been stricken is paragraph #1.D (Weld County Oil and Gas Energy
Department referral comments).
IE Lauren Light, Department of Public Health and Environment, stated portable toilets are
acceptable, during construction, a Dust Mitigation Plan has been submitted, there are six (6) DS
to adhere to, and there are no outstanding issues.
• Kyle Sundman, Pivot Energy, reiterated the history and goals of Pivot Solar, and relayed
there were no comments, questions, or concerns from any of the neighbors.
▪ Erick Davis, applicant, explained the history of his family in the area and stated two properties
on the site were gifted to the Sandbells, whose farm has been in existence for over 100 years,
and expressed his desire for the property to stay in the family. He relayed they have ten (10)
shares of ditch water, which they do not intend to sell.
IE In response to Chair Freeman, Assistant County Attorney, Karin McDougal, confirmed the
corrections discussed in the COA, striking #1.D (Weld County Oil and Gas Energy Department,
referral comments) and the strikethrough of #1.C (Road Maintenance Agreement) be removed
and that paragraph become COA #1.A.
IE No public testimony was offered concerning this matter.
" The Board reviewed the Conditions of Approval and Development Standards, as previously
amended. The Board agreed to all of the aforementioned changes.
2023-1344
PL2869
HEARING CERTIFICATION - ROBERTA MCGREGOR AND ERIK DAVIS,
PERSONAL REPRESENTATIVE FOR DOROTHY DAVIS, C/O PIVOT SOLAR 33, LLC
(USR23-0007)
PAGE 3
In response to Chair Freeman, Mr. Sundman indicated they have reviewed, and agreed to
abide by, the Conditions of Approval and Development Standards, as amended.
El Commissioner James moved to approve the request of Roberta McGregor and Erik Davis,
Personal Representative for Dorothy Davis, c/o Pivot Solar 33, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR23-0007, 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
Saine, and it carried unanimously. There being no further discussion, the hearing was completed
at 11:41 a.m.
This Certification was approved on the 5th day of June, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ��W/ v• x&D;(.1
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
3.1
man, Chair
Pro-Tem
Scott K. James
Kevin D. Ross
Lori Saine
2023-1344
PL2869
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