HomeMy WebLinkAbout20232357.tiffHEARING CERTIFICATION
DOCKET NO. 2023-44
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR23-0002, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS
AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT -
D -DART RANCH, INC., C/O SUNSHARE, LLC, DBA LINCOLN SOLAR, LLC
A public hearing was conducted on August 16, 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, 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 July 12, 2023, and duly published July 14,
2023, in the Greeley Tribune, a public hearing was conducted to consider the request of D -Dart
Ranch, Inc., c/o SunShare, LLC, dba Lincoln Solar, LLC, for a Site Specific Development Plan
and Use by Special Review Permit, USR23-0002, 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.
Diana Aungst, Department of Planning Services, presented a summary of the proposal,
described the sign posting and location of the site, and relayed 16 referrals were sent out, 11 were
returned with no concerns, and five (5) did not respond. She explained the equipment and its
workings, the details of the construction phase and screening, which will be installed around the
perimeter of the site, and noted a Decommission Plan was submitted with the application.
Ms. Aungst described the surrounding uses and zoning classifications, stated 23 surrounding
property owners (SPOs) were noticed, and confirmed no written correspondence or telephone
calls were received. She explained, based on the referral agency responses and the location of
the site, the proposed SEF use is in an area that can support the development, and the
Development Standards (DS) and Conditions of Approval (COA) will assist in mitigating the
impacts of the facility on the adjacent properties and ensure compatibility with surrounding land
uses and the region. Ms. Aungst explained the site is located within the Coordinated Planning
Agreement boundary of the Town of Ault; thus, a Notice of Inquiry (NOI) was sent to the
municipality, and the town's response indicated the proposed use is not consistent with their
Comprehensive Plan. She stated SunShare met with the Town on November 7, 2022, to address
their questions about the selection of the location for the SEF and any potential benefit to the
community. She further stated the property owner has expressed they elected to pursue solar use
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because they do not have sufficient water rights to support agricultural crops. She further
explained the Town submitted another letter, dated November 8, 2022, reiterating the comments
from the NOI, and stated the site location is the only property adjacent to the Town that is not
owned by the City of Thornton; therefore, it is attractive for annexation and development. By letter
dated November 9, 2022, the property owner asserted she does not wish to annex her property,
in whole or in part, to the Town of Ault. Ms. Aungst cited Section 19-13-50.A of the Weld County
Code, Intergovernmental Agreement with the Town of Ault, which states, in part: "If the
municipality submits recommendations, the County shall either include within its written decision
the reasons for any action taken contrary to the same, or furnish such reasons to the municipality
by separate writing." She relayed the Department of Planning Services furnished such reasons to
the Town in a letter dated June 26, 2023, and explained, the Town's Future Land Use Map
designated the site as "Single -Family Residential" and "Agricultural." Ms. Aungst stated the
Northern Colorado Area Plan (NCAP) transmission line for Xcel has already been approved for
USR21-0018, and the addition of a 35 -acre SEF does not significantly restrict the Town's ability
to develop the site, as the unencumbered 100 acres could be developed within the Town's
corporate limits if the property owner chose to annex and if the Town updated their Future Land
Use Map, to change the agricultural depiction to a more intense designation. She shared, per the
Development Review staff, the applicant has proposed access onto CR 37, and will be required
to obtain an access permit. She stated CR 37 meets the minimum access spacing criteria, as a
paved, local road which requires 60 feet of right-of-way, and she shared the most recent traffic
counts, anticipated construction, and operational traffic. She relayed a Road Maintenance
Agreement for construction will be required, including, but not limited to, dust control and damage
repair to specified haul routes, a Drainage Narrative has been submitted, stating the site consists
of A and B soils, and the site is exempted from stormwater detention. For the reasons detailed
above, Ms. Aungst stated staff finds this use consistent with Sections 22-2-220.A.1 to A.7, of the
Weld County Code, and she entered the favorable recommendation of the Planning Commission
into the record as written and displayed images of the site and surrounding views.
'El Lauren Light, Department of Public Health and Environment, stated because there are no
employees located at the site, a screened, portable toilet may be used during construction.
Additionally, she referenced six (6) DS that should be adhered to, and stated there are no
outstanding issues with the request.
Beau Scott, SunShare, LLC, represented the applicant and narrated a PowerPoint
Presentation (Exhibit D), including a company overview, project summary, site selection and
layout, advantages of agrivoltaics, and community outreach efforts.
Gary (Butch) White, Mayor of the Town of Ault, stated the proposal does not fit the Town's
Comprehensive Plan, and the site is the last property surrounding Ault, not owned by the City of
Thornton. He shared the applicant is not interested in annexation; however, the town did request
that the project be relocated to the southwest portion of the site which would be more consistent
with the industrial zoning in that area. Mayor White expressed concern with the proposed
landscaping causing a blight on the area, if unmaintained and infested with weeds, as well as the
decommissioning on the SEF's, which he believes is incompatible with Chapter 23 of the Weld
County Code, as well as the surrounding land uses and the Town's Future Growth Plan. He
described the historical use of the land, and in response to Commissioner Ross, Mr. White
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acknowledged receipt of the letter from the Department of Planning Services to the Town of Ault,
He stated the request would be compatible if the Town could change their Comprehensive Plan.
In response to Commissioner Saine, Ms. McDougal explained the definition of zoning and allowed
uses in the Industrial Zone portion of the code.
Barney Hammond, Greeley resident, explained the landowner is opposed to the relocation of
the SEF site, which he speculated is likely due to the investment and pond the landowner has
already installed in the south end of the parcel. He also noted the south end of the site is the
higher producing than the north portion of the parcel. In response to Commissioner James,
Mr. Hammond pointed out the location of the pivot irrigation sprinkler, which currently covers the
entire parcel.
Jeff Hasbrouck, surrounding property owner, stated the proposed location will impact Mayor
White's view from his residence, and explained he was contacted to graze sheep under the solar
panels; however, he feels that the presence of a flock of sheep does not constitute agricultural
activity. He questioned why the facility couldn't be moved closer to the industrial park, and
requested the site not be allowed, as it will create an eyesore for the area residents. In response
to Commissioner Ross, Mr. Hasbrouck estimated the site would require approximately 100 head
of sheep to manage the grazing needs.
Beau Scott, applicant, explained to relocate the facility, extensive and costly studies would
have to be redone to find ample acreage and restructure the lease. In response to Commissioners
James and Saine, Mr. Scott confirmed the change of requirements from Xcel Energy, and stated
Colorado State University is wanting to study what vegetation may grow well with the shading
provided by the solar panels, on arid land, and with SunShare's cooperation, spacing out the
panels to see if the panels would provide enough shade for cooling to potentially produce more
electricity. In response to Commissioner Ross, Mr. Scott reiterated the amount of water rights
owned by the property owner is not sufficient and they would have to rent additional shares to
ensure further agricultural operations.
i Commissioner Ross stated he is struggling to find conformity under Sections 23-2-230.B.3
and B.4, primarily when looking at the existing surrounding land uses and future planned
development. He referenced the Coordinated Planning Agreement (CPA) with the Town of Ault,
which should consider the compatibility of the Town's Future Land Use, particularly when the
Town is opposed.
Jake Bobrow, SunShare, explained their responsibility to follow what the landowner requests,
whose goal is to keep the land as close to agricultural production as possible. He further explained
the Xcel transmission line runs past the north side of the project; therefore, he believes the
proposed location is a better use of the property. In response to Commissioner Buck, Mr. Bobrow
relayed the agreement is to produce power for 20 years. Responding to Commissioner Saine,
who quoted a portion of the application concerning limited water, Mr. Bobrow explained why the
grazing of sheep and the research conducted is related regenerative agricultural practices, and
testing the soil is a holistic approach to management practices of the land, although there are a
lot of unknown variables, which is why research is important.
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Mr. Hammond explained the history of the water access, the pending legal issues with the
well and how much water can be produced, and how relocating the facility would block the view
of the neighbors toward the east. In response to Commissioner Ross, Mr. Hammond confirmed,
the status of the well permit and transfer of the related water rights is currently under the purview
of the State. Chair Freeman stated he recalls this parcel to be one of the most productive pieces
of property that he ever witnessed, and disagreed with the water issue; however, his primary area
of concern related to interfering with Ault's Comprehensive and Future Growth Plans. In response
to Commissioner Saine, Ms. McDougal stated "solar" is not defined in the Industrial zone, but it is
an allowed use in the 1-3 (Industrial) zone, and the intent is to provide a zone to accommodate
industrial uses that require larger amounts of space or are more resource intensive than light
industrial and have limited public access. Thus, she confirmed it is allowed in an industrial zone
but is not defined as one or the other. In response to Commissioner Saine, Chair Freeman
explained as towns continue to grow, there will be an impact to agriculture, and in this case, the
subject property is the only parcel not currently owned by the City of Thornton, which makes it the
town's only opportunity for future growth, and approval would be a tremendous infringement on
the Town's Comprehensive Plan. In response to Commissioner Saine, Mr. Hammond stated they
listened to the former discussion, and he explained the extensive review conducted by SunShare,
including numerous discussions with the landowner. He asserted the proposed site is an
appropriate location for an SEF, especially given the economic struggles the landowners are
currently experiencing with the north end of the field. He relayed, the landowners feel, if
annexation is considered in the future, there is still room for residential growth in the Town.
Mr. Hammond pointed out that currently there is not enough power in the area for future growth.
Chair Freeman recalled the Husky substation was supposed to fix the problem of the energy in
the area, and there was additional discussion regarding power to the area. In response to
Commissioner Ross, Ms. McDougal confirmed solar is an allowable use in the A (Agricultural)
Zone District, and Chair Freeman stated solar is a Use by Right with a site plan review. There
was considerable discussion amongst the Commissioners, including confirmation by Ms. Aungst
concerning the results of the Soil Report. Mr. Bobrow reiterated they are following the request of
the landowner to the best of their ability, and reiterated the landowner is not interested in
annexation at this time.
Jake Bobrow, SunShare, expressed his thanks for the robust discussion on the application,
concluding that Sunshare has considered everything thoroughly, from an agricultural perspective.
He relayed the landowner feels like the best way to keep the land in agricultural production and
to have an economically viable farm, is to have the solar in the proposed corner of the property.
He further stated, if a time came where it made sense for them to annex, there still is a lot of
property to be able to do that.
Fri The Board reviewed the Conditions of Approval and Development Standards, and no
changes or corrections were made.
El In response to Chair Freeman, Mr. Scott indicated they have reviewed, and agreed to abide
by, the Conditions of Approval and Development Standards, as presented.
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HEARING CERTIFICATION - D -DART RANCH, INC., C/O SUNSHARE, LLC,
DBA LINCOLN SOLAR, LLC (USR23-0002)
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Commissioner Ross moved to deny the request of D -Dart Ranch, Inc., do SunShare, LLC,
dba Lincoln Solar, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR23-0002, for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in
the A (Agricultural) Zone District, citing the application does not meet Section 23-2-230.B.4, as it
does not meet the proposed growth plans of the Coordinated Planning Agreement with the Town
of Ault; therefore, no conformity exists with this section of the code. The motion was seconded by
Commissioner James. Commissioner Saine commented the applicant desires to retain
agricultural operation, rather than annexing into the town for potential future residential
development. Chair Freeman noted the intent is to direct urban -type development to the
municipalities; however, Commissioner Ross acknowledged the applicant has no desire to annex
at this time. Commissioner Buck commented the future growth plans of the communities, as well
as the Comprehensive Plan of the County is not to be taken lightly. Following additional discussion
among the Board, Commissioner James read Section 23-2-230.B.4 for the record, stating the
application does not comply with the master plan of the affected community. Chair Freeman
requested a roll call vote, and the motion passed four (4) to one (1) with Commissioner Saine
opposed. There being no further discussion, the hearing was completed at 11:43 a.m.
This Certification was approved on the 6th day of September, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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