County Commissioners give green light to solar farm on 79th Street

Chuck Rodgers knows a thing or two about electricity. He worked for Xcel Energy for nearly four decades. For the last 36 years he's switched on a massive holiday light show in his front yard as a gift to the community and to raise money for Longmont Meals on Wheels. And on Tuesday, Dec. 6, the Boulder County Commissioners approved a five-megawatt, 24-acre solar farm on his property.

The Project

In August 2022, following a Boulder County Planning Commission hearing as part of a Special Use review process requiring the input of numerous agencies and departments, the array, which is to be on the east side of Rodgers' property at 5980 N. 79th Street, was unanimously sanctioned by the planning commission.

Last week, the proposal moved on to the county commissioners for their decision and, with a few modified conditions and a subsequent two to one vote - Commissioners Clare Levy and Marta Loachamin approved and Commissioner Matt Jones was opposed - the solar facility may now be built.

The project is part of Xcel Energy's Solar Reward Program and was spear-headed through the county approval process by Denver-based Pivot Energy Inc., a national renewable energy provider. According to Kyle Sundman, Director of Project Development, Pivot will lease the land from Rodgers and will own and operate the solar farm throughout its projected 40-year operational lifespan.

One hundred percent of the power generated from the facility will be donated to the equivalent of 2,000 low income households, totaling $17M over 20 years. Energy Outreach Colorado, a non-profit organization based in Denver, will manage the energy donations provided to income-qualified households. An additional $85,000 will be donated by Pivot Energy to electrify manufactured homes in Boulder County. The estimated property taxes Pivot will pay to Boulder County for the project will be $1.6M over 40 years.

Rodgers' agricultural property has had a rough time for the past decade. With poor soil and undependable natural irrigation, Rodgers' dryland acreage hasn't been able to produce a financially viable crop.

"The last crop we harvested was 10 bushels per acre which doesn't even pay for the combining," Rodgers said. "When I was farming with my grandfather, we were getting anywhere from 50 to 70 bushels per acre."

Rodgers' property is surrounded by open space, but the county has never approached him to either purchase the land or protect it with a conservation easement designation. Considering his options, Rodgers decided that providing carbon-free energy on approximately two-thirds of his property would be its highest and best use.

Throughout the process, supportive public comments from neighbors and other Boulder County community residents exceeded the objections of two neighbors who were not pleased because the array would be visible from their property as they looked east and the potential for home values to decrease.

"Even I have a few mixed feelings about the view," Rodgers said. "I'll be looking at solar panels as opposed to an empty field. But I also know that the land will be making a difference in everybody's lives just as much as if I was putting some wheat out on the ground. It will actually be making a bigger difference than that and longer term and more consistent."

Studies have not concluded that home values are affected by proximity to solar arrays, according to Rodgers' and the commissioners stated they are not permitted to consider home values when making decisions.

Boulder County Community Planning & Permitting staff evaluated the criteria prescribed by review standards for approval of a Special Use for a ground-mounted solar energy system in the Agricultural Zoning District as set forth in Article 4-601 of the Boulder County Land Use Code, and concluded that the project met those criteria. In last week's hearing, the county commissioners discussed it at length and asked for clarity of those standards, pushing the hearing an hour and a half beyond the originally allotted time frame.

Sticking points and their resolutions

Four major issues were discussed: the Significant Agricultural Land of Local Importance classification of a portion of the land upon which the array will be built, how to best screen the project from neighbors' views, protection for potential burrowing owls, and when the facility should be decommissioned.

With regard to a portion of the acreage classified as Significant Agricultural Land of Local Importance, Commissioner Jones asked, "Why would we not follow the rules?"

Kim Sanchez, Deputy Director of BCCP, and Summer Frederick, Planning Division Manager, explained to the commissioners that the designation was given in the 1970's and updated in the 1990's, but since then, additional data has been gathered showing that water availability, soil moisture and productivity have all declined, but the land has not yet been reclassified.

"They're just general layers and we later ground-truth them," Sanchez said.

Regarding burrowing owls, construction is slated to take place outside of their potential nesting season. In addition, Sundman stated that surveys have shown that owls are not within the area's parameters.

The precise wording around screening requirements isn't available yet, but according to Sundman, in addition to a wildlife-friendly fully-surrounding fence, Pivot is going to install a county-approved vegetative screen, and additionally Pivot "is committed to supporting the land owners in reducing their energy burden through a different community solar garden that's not focused on LMI (low to moderate household income)."

Although Commissioner Jones said he felt the project had "a lot of merit," he did not feel it met the criteria because of the Significant Agricultural Land of Local Importance designation in particular, as well as incompatibility with surrounding open space.

Commissioner Levy stated during her conclusion, "What is considered unsightly now, has to be accepted in the future as a part of the landscape. We can't say we want renewable energy but don't want to see it."

What's next?

Sundman stated requests for proposals for construction of the solar farm will be solicited locally with the intent to have work begin mid-year 2023.

Once construction is complete, the soil under the solar panels will be reseeded with low growth, native, pollinator-friendly plants which sheep will graze on.

Is this the start of more solar farms on agricultural land?

"Even if developers or farmers wanted to do this, it's really hard to find a piece of property that actually works - not only based on the size and the characteristics of the site, but also on the proximity to electrical infrastructure," Sundman said.

That sentiment was echoed by Sam Walker, Boulder County Planner, "All of our reviews are site specific. We have the criteria and the code that allows for agricultural properties to have solar arrays on them under certain circumstances and, if they meet those criteria, then we recommend approval. I wouldn't say it really sets a precedent."

Following the commissioners' approval, Rodgers said, "I'm just really happy it passed. It's going to be a big deal for taxpayers in Boulder County. Pivot put a lot on the table to give back to the community."