HomeMy WebLinkAbout20233469.tiff HEARING CERTIFICATION
DOCKET NO.2023-71
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR23-0028,FOR A SOLAR ENERGY FACILITY(SEF)OUTSIDE OF SUBDIVISIONS
AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT -
LESLIE MATSON,C/O USS AUBURN 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
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:
El 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 Leslie Matson,c/o USS Auburn Solar,LLC,for a Site Specific Development Plan and Use by
Special Review Permit,USR23-0028,for a Solar Energy Facility(SEF)outside of subdivisions
and historic townsites in the A(Agricultural)Zone District. Karin McDougal, Deputy County
Attorney,made this a matter of record.
1E1`''Diana Aungst,Department of Planning Services,presented a brief summary of the proposal,
described the sign posting and site location,and relayed 20 referrals were sent, 12 referral
agencies responded without concerns or included conditions that have been addressed through
Conditions of Approval(COA)and Development Standards(DS),and eight(8)referral agencies
did not respond. She relayed 30 employees will be onsite during construction, and post
construction one(1)full-time employee will be onsite on a quarterly basis.She described the
enclosure fence and relayed a waiver from screening was received from the one neighboring
owner.She stated there are nine(9)agricultural properties surrounding the site and five(5)USRs
within one(1)mile of the site.She explained Notice was sent to ten(10)surrounding property
owners (SPOs), three (3) letters of opposition were received with concerns pertaining to
aesthetics,diminished property value,weeds,increase in traffic,incompatibility with residential
and agricultural uses,existing cattle grazing on the subject property,disturbance to wildlife,high
groundwater and flooding on subject property,and personal safety and security with relation to
the high power lines.Ms.Aungst relayed a virtual committee meeting was held with two(2)
attendees logging on,and the applicant addressed the concerns via an email dated October 9,
2023.She stated the site is located within the Coordinated Planning Agreement(CPA)areas of
the City of Evans and the Town of Kersey,who were sent a Notice of Inquiry(NOI),and no
cc:PL(ER/WtN/DA/M"/DA) 2023-3469
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HEARING CERTIFICATION - LESLIE MATSON, C/O USS AUBURN SOLAR, LLC
(USR23-0028)
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concerns or desire to annex was received from those municipalities,as well as from the Town of
LaSalle.She relayed the site is located within the City of Greeley,City of Evans,and Town of
LaSalle's Future Land Use maps,and the three(3)mile referral area of the Cities of Greeley,
Evans,and Garden City,and the Towns of LaSalle and Kersey.She shared,per the Development
Review staff,the parcel has one(1)existing access onto County Road(CR)52,which is a gravel
local road that requires 60 feet of right-of-way,traffic counts recorded 206 vehicles per day,with
19 percent trucks,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 round trips per quarter.
Ms.Aungst also stated a Road Maintenance Agreement for construction is required and a
Stormwater Exception has been received.She 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 pointed out the path of the
Lower Latham outlet ditch.
Lauren Light,Department of Public Health and Environment,stated a screened portable toilet
is acceptable,cover crop for dust control will be utilized,and a pollinator friendly habitat mix will
be used during operation. She explained Environmental Health has eight(8) Development
Standards to be adhered to and there are no outstanding issues with the request.
Nicole Affleck,USS Auburn Solar,represented the applicant and commented on concern of
the proximity to the Latham Ditch,relaying they have been in close communication with the
operators of the reservoir and ditch,they are working to secure access and utility easements
across the ditch to the project site,and there is written approval from the ditch operator stating
the proximity of the project and all the construction is of no concern to them.In response to
Commissioner Buck,Ms.Affleck stated 200 feet is the distance of the panels from the boundary
of the ditch,and they are in coordination with the ditch company regarding the wires that cross
the ditch. In response to Commissioner Ross, Ms. Affleck confirmed there is a Producer
Agreement with Xcel and an executed Interconnection Agreement.In response to Commissioner
Ross,Ms.Affleck stated one(1)neighbor waived the screening requirement,and she elaborated
on the visual impact design choices they provide,which are locating the site in the far southern
corner of the property,agricultural style page-wire fencing,and planting native species which
blend with the area.
No public testimony was offered concerning this matter.
EA The Board reviewed the Conditions of Approval and Development Standards, and no
changes or corrections were made.
EI In response to Chair Freeman,Ms.Affleck indicated they have reviewed,and agreed to abide
by,the Conditions of Approval and Development Standards,as presented.
El Commissioner James moved to approve the request of Leslie Matson,c/o USS Auburn Solar,
LLC,for a Site Specific Development Plan and Use by Special Review Permit,USR23-0028,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,
2023-3469
PL2582
HEARING CERTIFICATION - LESLIE MATSON, C/O USS AUBURN SOLAR, LLC
(USR23-0028)
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with the Conditions of Approval and Development Standards, as presented.Chair Freeman
voiced his struggle on this request due the location of the ditch.The motion was seconded by
Commissioner Buck,and it carried unanimously.There being no further discussion,the hearing
was completed at 11:38 a.m.
This Certification was approved on the 20th day of December,2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
ATTEST: �. .. :
Mice Freeman,Chair
Weld County Clerk to the Board
(BY: lY t erry L. k,Pro-Tem
VII t �,(J l 5,U
Deputy Clerk to the Board rya
t K.James
?551
D.Ross
--" Lori Saine
2023-3469
PL2582
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