HomeMy WebLinkAbout20231316.tiffHEARING CERTIFICATION
DOCKET NO. 2023-32
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR23-0008, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS
AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT -
JERRY LOEFFLER, PERSONAL REPRESENTATIVE FOR LYDIA LOEFFLER,
C/O PIVOT SOLAR 36, 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, Chris Gathman
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
Jerry Loeffler, Personal Representative for Lydia Loeffler, do Pivot Solar 36, LLC, for a Site
Specific Development Plan and Use by Special Review Permit, USR23-0008, 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 Chris Gathman, Department of Planning Services, identified a correction in the location
description of the parcel, presented a brief summary of the proposal, and stated 19 referrals were
sent out, ten (10) were returned, with six (6) having comments. He explained the proposed solar
facility will be located on approximately 35 acres of an existing 77.5 -acre parcel, and described
the screening, and the surrounding uses. He also relayed there will be a contracted operations
and maintenance crew, of up to four (4) people, who will access the sight up to eight (8) times
annually, for routine inspections and vegetation control. Mr. Gathman shared the areas within the
fence line and any other construction disturbance will be planted with native, low -growth grasses
in keeping with vegetation common for the area and if dust mitigation is required, water will be
available via water truck. He noted, there is a zoning permit for a solar facility approved under
ZPSF22-0001, on the adjacent parcel to the north, which is approximately three (3) acres in size;
however, the facility has not yet been constructed, and there is a 500 -foot setback waiver for the
zoning permit on the properties to the north. Mr. Gathman stated there are 13 surrounding
property owners (SPOs), eight (8) with residences to the east, one (1) residence to the south, and
one (1) residence located to the northwest. He described two Surrounding Use by Special Review
cc: PL (TP/MN/CG /DA)
06/09/23
2023-1316
PL2870
HEARING CERTIFICATION - JERRY LOEFFLER, PERSONAL REPRESENTATIVE FOR
LYDIA LOEFFLER, C/O PIVOT SOLAR 36, LLC (USR23-0008)
PAGE 2
Permits, one (1) for a kennel, and one (1) a dairy, and stated the properties to the northwest and
within 0.25 mile to the west are within the City of Evans and are designated 1-3 (Heavy Industrial)
and PUD (Planned Unit Development). He stated 29 SPOs were sent notices, and no written
correspondence or telephone calls were received back. He relayed the site is located within the
three (3) mile referral areas of the Cities of Evans and Greeley, and the Towns of LaSalle and
Milliken, and within the Cooperative Planning Agreement boundaries for LaSalle, Milliken, and
Evans. He reviewed the Notice of Inquiry (NOI) and referral responses from the City of Evans
and the Town of LaSalle, and stated no response was returned from the Town of Milliken. He
explained Conditions of Approval (COA) require a Flood Hazard Permit for any development
within the floodplain, and a haul route must be established since the site is located just outside
the City of Evans' Urban Growth Boundary, which is on the east side of CR 35. Mr. Gathman
explained the proposal is designated as "Prime farmland, if drained", and either protected from
flooding or not frequently flooded during the growing season with low slope and poorly drained
soils, per the USDA Natural Resource Conservation Service, Custom Soil Report. He shared the
proposed use of the property will not be removing topsoil from the property, thus after the life of
the facility, the site may be returned to its historic use. He explained well water with limited
pumping rights is available on the site, and there are no records of irrigation wells for agricultural
production on the property; however, there is an existing well permit for domestic purposes and
one for livestock and irrigation on the site. Mr. Gathman relayed there are two (2) residences on
the property, and there are no records of a non -conforming use designation for one, therefore, as
a condition, the applicant has the option to designate one of the homes as a non -conforming use
or apply for a zoning permit for a second dwelling, which would allow the home to permanently
remain. Mr. Gathman entered the favorable recommendation of the Planning Commission into
the record as written and displayed images of the site and surrounding views.
Lauren Light, Department of Public Health and Environment, explained a portable toilet,
during construction, is acceptable. She relayed the applicant did submit a Dust Mitigation Plan,
there are six (6) Development Standards (DS) listed for adherence to, and there are no
outstanding issues.
Mr. Gathman shared, per the Development Review staff, the applicant has proposed to utilize
an existing, permitted access onto CR 35, which is a paved, arterial road which requires 140 feet
of right-of-way. The most recent traffic counts an average of 442 vehicles per day, 23% of which
are trucks, construction traffic to be ten (10) to 15 vehicles per day, of which two (2) may be heavy
vehicles, and operation traffic will be two (2) to four (4) vehicles per year. He further stated a Road
Maintenance Agreement is requested for construction, including, but not limited to, dust control
and damage repair to specified haul routes. He stated an acceptable Drainage Letter has been
received and the site meets the requirements for a Stormwater Detention exception. He relayed
construction traffic will access the site from CR 394 onto CR 35. In response to Commissioner
Ross, Mr. Gathman pointed out the access and the construction traffic haul route.
Kyle Sundman, Pivot Solar 36, LLC, explained they have previously covered the history and
benefits to the community of the company. (Clerks Note: See Hearing Certification, HE23-29, for
company overview.) He recognized the importance of addressing the concerns of preserving
agricultural use. He explained there are no neighbors within 500 feet of the site, which was
intentional to retain an agricultural buffer between the neighbors on the west side of the parcel,
2023-1316
PL2870
HEARING CERTIFICATION - JERRY LOEFFLER, PERSONAL REPRESENTATIVE FOR
LYDIA LOEFFLER, C/O PIVOT SOLAR 36, LLC (USR23-0008)
PAGE 3
there are no neighbors to the east, and there were no comments or concerns received from the
neighbors. Mr. Sundman explained their effort for holistic land management, including reseeding
with native prairie seed mix, and utilizing sheep for vegetation, as necessary. He discussed the
possibility of a partnership with a group named SIEP (Subsurface Irrigation Efficiency Project), a
research group based out of Colorado State University (CSU) to create a robust pumping
infiltration system where the solar array is, which will allow a bit more of an intensive agricultural
use. He stated SIEP has a research site near Kersey, and Pivot is looking into other types of
irrigation to maintain the integrity of agricultural use.
IPA Jerry Loeffler, applicant, stated after having farmed all his life, this is his plan for retirement.
In response to Commissioner Ross, Mr. Loeffler described the irrigation source is the Godfrey
Ditch Company. Commissioner Buck stated she appreciates the applicant maintaining the water
with the land.
• Mr. Sundman stated the program is changing and Pivot is looking to the future and is
responsible for the changes being put in place in relation to solar use. Commissioner James
stated he would appreciate a meeting in regard to those changes. In response to Commissioner
Ross, Mr. Sundman confirmed there are no residences within the 500 -foot buffer zone, visual
screening will be decorative wildlife fencing, he also confirmed the availability of water to establish
vegetation.
CI No public testimony was offered concerning this matter.
▪ The Board reviewed the Conditions of Approval (COA) and Development Standards (DS),
and in response to Commissioner Ross, Mr. Gathman reiterated the options provided to the
applicant regarding the non -conforming use or zoning permit application. The Board accepted the
COA and DS, as presented.
In response to Chair Freeman, Mr. Sundman 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 Jerry Loeffler, Personal
Representative for Lydia Loeffler, c/o Pivot Solar 36, LLC, for a Site Specific Development Plan
and Use by Special Review Permit, USR23-0008, 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 it carried unanimously. There being no further discussion, the hearing was completed at
11:14 a.m.
(Clerk's Note: Subsequent to the hearing, COA #1.E.8 was deleted as a duplicate of COA #1.E.4.)
2023-1316
PL2870
HEARING CERTIFICATION - JERRY LOEFFLER, PERSONAL REPRESENTATIVE FOR
LYDIA LOEFFLER, C/O PIVOT SOLAR 36, LLC (USR23-0008)
PAGE 4
This Certification was approved on the 5th day of June, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: didwo
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
Mike an, Chair
Per L. Bu c . Pro-Tem
Cott K. Jame
Kevin D. Ross
Lori Sain
2023-1316
PL2870
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