HomeMy WebLinkAbout20202436.tiffHEARING CERTIFICATION
DOCKET NO. 2020-52
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR20-0012, FOR A SMALL SCALE SOLAR FACILITY IN THE A (AGRICULTURAL)
ZONE DISTRICT - COLORADO STATE LAND BOARD, C/O PIVOT SOLAR 4 LLC
A public hearing was conducted on August 12, 2020, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Steve Moreno, Chair Pro-Tem
Commissioner Scott K. James
Commissioner Barbara Kirkmeyer
Commissioner Kevin D. Ross
Also present:
Acting Clerk to the Board, Jess Reid
Assistant County Attorney, Bob Choate
Planning Services Department representative, Diana Aungst
Public Works Department representative, Melissa King
Health Department representative, Lauren Light
The following business was transacted:
Vi I hereby certify that pursuant to a notice dated June 24, 2020, and duly published July 1,
2020, in the Greeley Tribune, a public hearing was conducted to consider the request of Colorado
State Land Board, c/o Pivot Solar 4 LLC, for a Site Specific Development Plan and Use by Special
Review Permit, USR20-0012, for a Small Scale Solar Facility in the A (Agricultural) Zone District.
Bob Choate, Assistant County Attorney, made this a matter of record.
e Diana Aungst, Department of Planning Services, presented a brief summary of the proposal,
provided the general location of the site, indicated 13 referrals were sent out, and nine (9)
agencies responded. She stated the facility will be on the pending Subdivision Exemption,
SUBX20-0006, and noted the parent parcel contains two (2) existing small scale solar facilities,
permitted under USR18-0041 and USR15-0076. She noted if this USR is approved, USR15-0076
will need to be partially vacated to remove its boundary from the subdivision exemption and the
USR boundary associated with this application. She stated the solar array will be comprised of
approximately 5,500 to 6,000 solar panels, provided assembled panel details, mentioned this will
be an unmanned site, and indicated there will be one (1) or two (2) cargo containers onsite during
construction. She outlined the reports/plans submitted with the application, relayed there would
be an eight (8) foot, decorative fence surrounding the facility, and described proposed
landscaping. Ms. Aungst provided the hours of construction, stated bottled water and screened
portable toilets will be provided during construction and described maintenance as taking place
up to eight (8) times annually, for up to four (4) hours per visit. She described the surrounding
uses, relayed the nearest residence is 1,000 feet from the southern property line and indicated
notice was sent to ten (10) surrounding property owners (SPO), with no responses received. She
explained the site is located within the three (3) mile referral area and the Coordinated Planning
Agreement (CPA) area of the Town of Platteville. She entered the favorable recommendation of
the Planning Commission into the record as written and displayed images of the site and
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surrounding views. In response to Commissioner James, Ms. Aungst referenced the aerial photo
of the parent parcel and explained the solar facility directly east of the proposed facility had not
been constructed when the photo was taken but is now constructed and described in detail the
request for vacation. In response to Commissioner Kirkmeyer, Ms. Aungst stated she was unsure
of the size of larger solar facility to the northwest, noted the parent parcel is 557 acres, and
confirmed the proposed facility, as well as the facility to the east, are each 12 acres.
Commissioner Kirkmeyer asserted, it was not the intent of the Code Ordinance to allow several
small solar facilities on one parcel, and Ms. Aungst clarified the three (3) facilities are leased by
three (3) different entities. Commissioner Kirkmeyer expressed she believed this is an attempt to
evade the Code as the intent was to have a ten (10) acre parcel with buffers. Ms. Aungst stated
the site was chosen because the proposed facility would be screened by the existing facility and
confirmed, according to the Code, the size limit for a small solar facility is 20 acres. In response
to Commissioner James, Mr. Choate cited Weld County Code Section 23-1-90 to find the
definition of "Small Scale Solar Facility" and Section 23-3-40, which lists solar facilities as Uses
by Special Review in the A (Agricultural) Zone District, outside of subdivisions and townsites.
Ms. Aungst confirmed there will be three (3) USRs on the property and stated they are using the
leasehold option to achieve this. In response to Commissioner Kirkmeyer, Mr. Choate confirmed
that has been standard practice, not specific to solar facilities, and indicated the County Attorney's
Office is looking to update Chapter 24 to eliminate Subdivision Exemptions, due to the problems
they cause. He described Small Scale as 20 acres or less, Medium Scale as 20 acres or more,
and Large Scale as 30 megawatts or more, as outlined in the Code. In response to
Commissioner Moreno, Ms. Aungst confirmed the existing solar facilities were approved in 2015
and 2018.
e Melissa King, Department of Public Works (PW), stated the parcel has an existing, permitted
access onto County Road (CR) 31. She provided the daily roundtrips and average speed, traffic
associated with the site during construction and operation, relayed PW is requiring a Road
Maintenance Agreement, and presented the drainage and grading requirements.
IR Lauren Light, Department of Public Health and Environment, stated as this is an unmanned
facility, they can use screened, portable toilets during construction and noted Development
Standards (DS) #16-21 address Environmental Health items. In response to Chair Freeman,
Ms. Aungst indicated the Morning Fresh Farm is directly east of the parcel.
IR Luke Rickard, Pivot Energy, represented the applicant and shared a PowerPoint presentation
(Exhibit E), which provided details about the solar panels such as size, proximity to the substation,
and conversations had with neighboring parcel owners. He outlined benefits to the community,
such as utility bill savings and increased County revenue from property tax and explained since
the land is owned by the Colorado State Land Board, all lease payments help fund local schools
and similar infrastructure. He stated the details of the operation were the same as the previous
application, which were the generation of clean, renewable energy, hours of operation, and no
omittance of lights or odors.
IE No public testimony was offered concerning this matter.
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E Mr. Rickard indicated there is no comma in the project company name, between "4" and
"LLC". There was much discussion among the Board regarding the intent, versus the language of
the Code, as it relates to solar facilities. Mr. Rickard stated it was not their intention to try to
sidestep County Code, asserted they reviewed the Code carefully prior to proposing development
and expressed he believed they were compliant with the Code requirements. Commissioner
James expressed he believed the applicant was compliant with the Code,
Commissioner Kirkmeyer stated she believed the application was not compliant and does not
meet the intent of the Code, but she is willing to try to find a compromise. Commissioner Ross
stated he believed there needed to be language in the Resolution for buffer areas.
E There was discussion about additional language to be added to Condition of
Approval (COA) #1.B and in response to the applicant, Commissioner Kirkmeyer clarified the
proposed facility will not need to move to a different location on the parcel, but the owner will need
to understand the intent was not to implement multiple small scale solar leases on a single parcel.
She confirmed for Chair Freeman, the Partial Vacation of the USR has not yet been approved
and made sure the applicant understood the Vacation would need to be approved, prior to
recording the map. After receiving clarification from Commissioner Kirkmeyer about the desired
changes for COA #1.B, Mr. Choate provided, "Prior to such Partial Vacation being approved, the
applicant shall identify additional buffering for the area around the proposed property. ", and the
Board agreed to the change. In response to Commissioner James, Mr. Rickard confirmed the
light for the facility would be the same as the previous application, one (1), downward cast, task
light.
In response to Chair Freeman, Mr. Rickard indicated he had reviewed, and agreed to abide
by, the Conditions of Approval and Development Standards, as amended.
IR Commissioner Moreno moved to approve the request of Colorado State Land Board, do Pivot
Solar 4 LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR20-0012, for a Small Scale Solar Facility 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 Kirkmeyer, and it carried unanimously. There being no further discussion, the
hearing was completed at 11:16 a.m.
2020-2436
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HEARING CERTIFICATION - COLORADO STATE LAND BOARD, C/O PIVOT SOLAR 4 LLC
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This Certification was approved on the 17th day of August, 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datittio
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
a -
Mike Freeman, Chair
Steve oreno, Pro-Tem
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