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Home My WebLink About20230337.tiffHEARING CERTIFICATION DOCKET NO. 2023-15.B RE: A ZONING PERMIT, ZPSF22-0004, FOR A SOLAR ENERGY FACILITY (3.51 ACRES) IN THE A (AGRICULTURAL) ZONE DISTRICT - JANSSEN FARMS, LLC, C/O SUNSHARE, LLC, DBA GRIZZLY SOLAR, LLC A public hearing was conducted on March 1, 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 Planning Services Department representative, Maxwell Nader Health Department representative, Lauren Light The following business was transacted: I hereby certify that pursuant to a notice dated January 25, 2023, and duly published January 27, 2023, in the Greeley Tribune, a public hearing was conducted on February 8, 2023, at 10:00 a.m., to consider the request of Janssen Farms, LLC, c/o SunShare, LLC, dba Grizzly Solar, LLC, for Zoning Permit, ZPSF22-0004, for a Solar Energy Facility (3.51 acres) in the A (Agricultural) Zone District. At said hearing, the Board continued the matter to March 1, 2023, to allow the applicant time to incorporate new information. Karin McDougal, Assistant County Attorney, made this a matter of record. Maxwell Nader, Department of Planning Services, presented a brief summary of the proposal, located on a parcel which is less than five (5) acres in size, and described the equipment and materials to be used for the facility. He stated the requirements of Section 23-4-470.B of the Weld County Code have not been met, with at least thirty percent (30%) of the surrounding property owners (SPOs) in opposition. He explained Notice was sent to ten (10) SPOs, with five (5) letters of opposition received back, two (2) of which later changed their position, with conditions, leaving three (3) in opposition, which constitutes 30% of the SPOs in opposition; therefore, Planning Staff has recommended denial, per Section 23-4-475.C. Mr. Nader displayed the list of concerns, described the proposed screening, including the vegetative screening on County Road (CR) 72, stated an Amended Landscaping and Screening Plan has not yet been received, and displayed images of the site and surrounding views. Beau Scott, SunShare, represented the applicant and expressed his gratitude to Planning Staff for their work. He presented a slide show, gave a history of the company, and described the neighborhood meeting held. Mr. Scott explained the proximity to an Xcel powerline and substation, and the added benefits of the site location, which will tie into existing distribution lines cc: In_ (TP/4jJ/DAB 03 /21 /23 2023-0337 PL2858 HEARING CERTIFICATION - JANSSEN FARMS, LLC, C/O SUNSHARE, LLC, DBA GRIZZLY SOLAR, LLC (ZPSF22-0004) PAGE 2 and will not require a transmission structure be built. He explained sheep grazing will be used on site, which will help retain the A (Agricultural) zoning requirements and justify the eight (8) foot game fence. He shared no endangered species were found in or around the site, confirmed contact with Colorado Parks and Wildlife (CPW) and U.S. Fish and Wildlife, regarding raptor and migratory bird nesting, and explained they will change the construction schedule to conform with the nesting season. He shared an on -site biological survey will be conducted, prior to construction, and the site meets the requirements of the Migratory Bird Act. Mr. Scott explained two pick-up trucks will visit the site quarterly for maintenance, with ten (10) vehicles traveling to and from the site, daily, during construction. He reviewed the plan for visual mitigation, which was explained to surrounding neighbors, and confirmed the initial objection rate has been decreased to 18%. le Kim Sell, SPO, relayed her concern of impact on property values, based on studies performed on solar farms. Don Magnuson, SPO, stated growth does not occur without impact, and expressed his belief that industrial development should create an amenity for the community, such as the proposed living screening. Gary Cozzens, SPO, stated his concern with the right-of-way and impacts to wildlife, and expressed disappointment he was not personally spoken to. FA Mr. Scott, explained they made every effort in their outreach to SPOs, including certified mailings which were sent out for the community meeting invitation. He stated a Drainage Analysis has been submitted, and the drainage in the ditch will not be affected. Mr. Scott explained SunShare is making every attempt to be a good steward of the land, and in response to Commissioner Ross, he stated they are abiding by the setbacks required for the location of the site. Barney Hammond, represented SunShare and explained the setback regarding the ditch. In response to Commissioner Ross, he confirmed eagles are classified as part of the migratory birds, which season is February 15th through July 31st, and they will abide by the migratory bird regulations. He explained, according to the State records, there are no bald eagles at the subject location; however, if there is a nest there, their environmental team will confirm, and identify for the State record. Karin McDougal, Assistant County Attorney, confirmed the Chair may re -open public comment. Ei Leon Cozzons, SPO, questioned the drainage on the field, stated the Gale Lateral runs on the west side and slopes to the east, and any water on the field could run-off onto his property. He also questioned the drainage of the facility's east side. Chair Freeman explained, according to the Drainage Report, there will be no impact on current drainage. Mr. Cozzons stated there is a bald eagle in the vicinity. 2023-0337 PL2858 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 2TLP\ MikgEveeman, Chair HEARING CERTIFICATION - JANSSEN FARMS, LLC, C/O SUNSHARE, LLC, DBA GRIZZLY SOLAR, LLC (ZPSF22-0004) PAGE 3 =! Mr. Scott stated they will conduct a third -party survey to determine the location of a Bald Eagle nest and address it according to the Bald Eagle Protection Act. The Board reviewed the Conditions of Approval (COA) and suggested insertion of "attempt to address" in COA #1.A. Commissioner James shared Development Standard (DS) #11 addresses the stormwater management issue. Commissioner Saine pointed out DS #22 (historical flow patterns) will be maintained. Commissioner Ross stated DS #28 references all applicable rules and regulations of state and federal agencies and the Weld County Code, as was a concern of Commissioner Saine. Chair Freeman stated it is a difficult decision to overturn the recommendation of the Department of Planning Services and expressed his concern in regard to the spotting of a Bald Eagle in the vicinity. Commissioner Saine expressed the applicant has demonstrated due diligence in submitting the Landscaping and Screening Plan. In response to Chair Freeman, Mr. Nader confirmed there is no longer 30% in opposition to the proposed solar facility. ▪ In response to Chair Freeman, Mr. Scott indicated they had reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as amended. ▪ Commissioner Ross moved to approve the request of Janssen Farms, LLC, c/o SunShare, LLC, dba Grizzly Solar, LLC, for a Zoning Permit, ZPSF22-0004, for a Solar Energy Facility (3.51 acres) in the A (Agricultural) Zone District, with the Conditions of Approval and Development Standards, as amended. The motion was seconded by Commissioner James, and it carried unanimously. There being no further discussion, the hearing was completed at 11:15 a.m. This Certification was approved on the 15th day of March, 2023. ATTEST: dattv Jid,„ Weld County Clerk to the Board eputy Clerk to the Board 2023-0337 PL2858 ATTENDANCE LIST #AME . s rLEAE P I�`° , S ` z 130A,L, . _ -fie .eJ\ s� It iu 22a7 cf-cS'e-\-a(476 Re(r CeN,frt (Ai`a ( a 3q0 (A, ,s „� rc d- ;_.S1umac, ,,- ,5 vif 5)✓ ► 2 {T./ ,. Tro3 I^ �dun- ! lolr C.. �L AA/,-/, \ �� Lib q D (.e.•; C 1 cunt_. -'(�v1 ,(e ,,, ,,, Os.e_3f s,3 ,)c a -c,-, 4 v" _ / a r�,t6( 5/07 £ f`. U� G Kl�c�<-�(� 6 / � , �7 /a �a c'w, O t` -b l� 0�Cd� �tnet. �fIG,�' �� /(-1. pp_a_u_ 5c,9 -t ----)--n (7 / (Prh 0--0AM/c�a eS6-�t-i my %de,41 'e(iv"c/' V Afr, /, l_4,h/- 5' &vGS,r / 5 `a- Av. 6 A. ,-,--,c> , hh (c,. c /� ,-f. AI' id- _ Li -.10i e, J 3( l V i Ceti i p c) ,,.,i I d._.;(-- O ; (_5 n u rs. i. 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