HomeMy WebLinkAbout20202422.tiffHEARING CERTIFICATION
DOCKET NO. 2020-51
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR20-0011, FOR A SMALL SCALE SOLAR FACILITY IN THE A (AGRICULTURAL)
ZONE DISTRICT - SCOTT PETERSON, C/O PIVOT SOLAR 8 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, Angela Snyder
Public Works Department representative, Melissa King
Health Department representative, Lauren Light
The following business was transacted:
e 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 Scott
Peterson, c/o Pivot Solar 8, LLC, for a Site Specific Development Plan and Use by Special Review
Permit, USR20-0011, for Small Scale Solar Facility in the A (Agricultural) Zone District. Bob
Choate, Assistant County Attorney, made this a matter of record.
Angela Snyder, Department of Planning Services, presented a brief summary of the proposal
and stated the facility is permitted by Weld County Code Section 23-3-40.GG, with additional
requirements found in Section 23-4-1030. She indicated 11 referrals were sent out, eight (8)
agencies responded, and explained the facility would be on a conditionally approved, 12 -acre
Subdivision Exemption lot, SUBX20-0007. She relayed this is a distribution level system, which
will not connect to transmission line, and will provide electricity to up to 400 homes in Weld
County. She provided details about the solar panels, landscaping, mentioned construction is
expected to take four (4) months, and noted the site will be surrounded by a fence, which will be
maintained two (2) to eight (8) times annually. She outlined criterion for approval of the solar
facility as being the Weld County Comprehensive Plan, citing Code Sections 22-5-130 and 22-5-
140.A.5 (Policy 1.5), and consistency with the zoning code, citing Section 23-4-1030. She
described surrounding uses, including another small scale solar facility 1,700 feet to the
southwest, indicated the site is located within the three (3) mile referral area of the Towns of
Platteville and Gilcrest, stated the site is not in an overlay, floodplain or hazard area, and
confirmed the site is not irrigated, and currently dormant. She outlined the reports/plans submitted
with the application and entered the favorable recommendation of the Planning Commission into
the record as written. She displayed images of the site and surrounding views and in response to
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2020-2422
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HEARING CERTIFICATION - SCOTT PETERSON, 0/O PIVOT SOLAR 8 LLC (USR20-0011)
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Commissioner Kirkmeyer, she confirmed the solar facility permitted under USR20-0012, does not
back up to this facility.
e Melissa King, Department of Public Works (PW), provided a brief overview of the
transportation plans and requirements, and stated there are two (2) existing access points onto
County Road (CR) 36, with a third access location proposed onto CR 31. She provided the daily
roundtrips and average speed, traffic associated with the construction and operation of the facility,
indicated PW is requiring a Road Maintenance Agreement, and presented the drainage and
grading requirements.
e 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.
e Luke Rickard, represented the applicant and shared a PowerPoint presentation (Exhibit D),
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, increased County revenue from property tax, and a potential partnership
with Bright Futures of Weld County. He described project operations such as the generation of
clean, renewable energy, hours of operation, and no omittance of lights or odors. In response to
Commissioner Kirkmeyer, regarding benefits to the community, Mr. Rickard indicated the Town
of Platteville did not return phone calls to Pivot Energy, and he confirmed they also reached out
to several school districts in the county to see if they could form a partnership.
• David Wiley, Weld County resident and solar industry employee, expressed support for the
facility as well as an owner's property rights.
El In response to Commissioner Kirkmeyer, Mr. Rickard summarized the Decommissioning Plan
and stated, in consultation with staff, it was determined a decorative fence is sufficient for
screening the facility and in responding to Commissioner James, he described the on -site lighting
as one (1), downward cast, task light. Commissioner Kirkmeyer stated the Findings needed to be
renumbered after Finding #2.A.1 and in that Finding the words "following sections of the" needed
to be deleted. In response to Commissioner Kirkmeyer, Mr. Rickard described the area which
would be served by this facility and confirmed the power will not leave the county. In response to
Commissioner James, Ms. King stated on -site parking is for vehicles during construction and
maintenance vehicles during operation, and the Board agreed to the aforementioned change.
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 and indicated there is
no comma in the project company name, between "8" and "LLC".
IP Commissioner James moved to approve the request of Scott Peterson, c/o Pivot Solar 8
LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR20-0011, 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
2020-2422
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HEARING CERTIFICATION - SCOTT PETERSON, 0/O PIVOT SOLAR 8 LLC (USR20-0011)
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Standards, as presented. The motion was seconded by Commissioner Moreno, and it carried
unanimously. There being no further discussion, the hearing was completed at 10:26 a.m.
This Certification was approved on the 17th day of August, 2020.
ATTEST: dadfdA)�..aCllD�t�
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Mi e Freeman Chair
Steve
oreno, Pro-Tem
K. James
2020-2422
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