HomeMy WebLinkAbout20233455.tiff HEARING CERTIFICATION
DOCKET NO.2023-72
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR23-0027,FOR A SOLAR ENERGY FACILITY(SEF)OUTSIDE OF SUBDIVISIONS
AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT -
PHYLLIS BURKGREN,C/O USS SOUTH PLATTE SOLAR,LLC
A public hearing was conducted on December 6,2023,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
County Attorney,Bruce Barker
Deputy 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:
''I hereby certify that pursuant to a notice dated October 17, 2023, and duly published
October 20,2023,in the Greeley Tribune,a public hearing was conducted to consider the request
of Phyllis Burkgren,c/o USS South Platte Solar,LLC,for a Site Specific Development Plan and
Use by Special Review Permit, USR23-0027, for a Solar Energy Facility (SEF)outside of
subdivisions and historic townsites in the A(Agricultural)Zone District.Bruce Barker,County
Attorney,made this a matter of record.
="Diana Aungst,Department of Planning Services,presented a brief summary of the proposal,
described the sign posting and the location of the site.She stated 22 referrals were sent out,
12 referral agencies responded with no concerns or included conditions that are addressed in the
Conditions of Approval(COA)and Development Standards(DS),and ten(10)referral agencies
did not respond.She relayed the SEF will cause no interference with any irrigation system and
described the fence which will surround the site.She provided a summary of the surrounding
uses,and confirmed there are no residences within 500 feet.Ms.Aungst stated the Godfrey Ditch
runs east/west along the site boundary and the applicant has been in contact with the Ditch
Company representative, Daniel Gallen, Water Resource Specialist, who is aware of the
applicant's need to execute a Crossing Permit with the Ditch Company.She relayed the Ditch
Company requests the applicant avoid significant grading to prevent sediment from blowing into
the ditch,and any access improvements should be presented to the Ditch Company;however,
the applicant does not anticipate any major access improvements and plans on utilizing the
existing gravel access.She further stated the site is located in the floodplain.Ms.Aungst shared
staff sent Notice to seven(7)surrounding property owners(SPOs)and no communication was
returned.She explained the site is located within the Coordinated Planning Agreement Area of
cc:QL(ER/MN/1)A/HWthPA) 2023-3455
O1/2.-I/2y PL2892
HEARING CERTIFICATION-PHYLLIS BURKGREN,C/O USS SOUTH PLATTE SOLAR,LLC
(USR23-0027)
PAGE 2
the City of Evans and the Town of LaSalle,the municipalities were sent a Notice of Inquiry(NOI),
and the City of Evans stated no concerns and indicated they do not wish to annex.She also
relayed the Town of LaSalle stated,in their NOI,they would like to annex when the property is
eligible,since the Town's Comprehensive Plan Map shows the site within the primary and
secondary growth boundaries and the 100-year Park Plain.She explained the site is located
within the three(3)mile referral areas of the Cities of Greeley,Evans,and Garden City,as well
as the Town of LaSalle.The City of Greeley responded with no concerns;however,the Town of
LaSalle listed eight(8)conditions,including:annexation at eligibility status,weed management,
traffic concerns,and stormwater run-off management,and the applicant is in agreement with the
conditions stated by the Town.She shared,per the Development Review staff,access is onto
County Road(CR)394,an access permit will be required,and CR 394 is a paved,collector road,
which requires 80 feet of right-of-way.She also shared,the recent traffic counts tallied 1,007
vehicles per day,with 28%trucks,and traffic information submitted indicates construction traffic
will be 20 round trips,per day,of which four(4)may be heavy duty trucks and operation traffic
will be three(3)passenger vehicle trips per quarter.She explained the Development Review team
is requesting a Road Maintenance Agreement during construction,including,but not limited to,
dust control and damage repair to specified haul routes.She relayed the applicant has submitted
an acceptable Stormwater Drainage Report.Ms.Aungst 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 Buck,Ms.Aungst stated she will defer to the
applicant to address the issue of existing water on the property,and she confirmed the ditch
crossing is a Condition of Approval.
El Lauren Light,Department of Public Health and Environment,relayed,with no employees
being located at the site, a screened portable toilet is acceptable,the Dust Mitigation Plan
indicates revegetation will be utilized,and Environmental Health has eight(8)Development
Standards to be followed and there are no outstanding items with the request.
El Nicole Affleck,US Solar,shared a slide show,and relayed the Engineer's Report states this
project will have no impact on the floodplain.In response to Commissioner James,Ms.Affleck
described the steel I-beams that will be driven into the ground supporting the solar panels,stated
the lowest the panels will get is four(4)feet above the ground allowing for one(1)foot of free
water elevation, and the installation of the panels will be engineered to avoid damage to
floodwaters.In response to Commissioner Buck,Ms.Affleck stated there is a verbal agreement
in place;however,a Condition of Approval will ensure a Crossing Agreement is executed.She
continued her response to Commissioner Buck stating an Inter-Connection Agreement with Xcel
is in process, and US Solar will leave the water rights with the landowner. In response to
Commissioner Ross,Ms.Aungst confirmed the Town of LaSalle's NOI stated their requirement
for a floodplain development permit, annexation of the property when eligible, requested
prohibiting truck traffic traveling on First Avenue through the town, an integrated weed
management plan,an erosion control plan,a requirement for construction traffic from LaSalle to
utilize CR 35 as the primary haul route,a limitation on left turns from U.S.Highway 85 onto
CR 394,and a Road Maintenance Agreement for construction traffic.She relayed the applicant
has agreed to work with the Town regarding the listed concerns.
El No public testimony was offered concerning this matter.
2023-3455
PL2892
HEARING CERTIFICATION-PHYLLIS BURKGREN,C/O USS SOUTH PLATTE SOLAR,LLC
(USR23-0027)
PAGE 3
The Board reviewed the Conditions of Approval and Development Standards.In response to
Chair Freeman,Ms.Aungst relayed an email from the applicant stated they agree to work with
the Town and stated COA#1.D will be added to address the comments from the Town of LaSalle.
The Board agreed to all of the aforementioned change.
No public testimony was offered regarding changes made to the Conditions of Approval and
Development Standards.
_ In response to Chair Freeman,Ms.Affleck indicated they have reviewed,and agreed to abide
by,the Conditions of Approval and Development Standards,as amended.
Commissioner Ross moved to approve the request of Phyllis Burkgren,c/o USS South Platte
Solar, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR23-0027,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 Buck,and it carried unanimously.There being no
further discussion,the hearing was completed at 11:19 a.m.
This Certification was approved on the 20th day of December,2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
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Lori Saine
2023-3455
PL2892
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