RECEPTION#: 981639, Date: 6/4/2025 3:00 PM, Pages: 1 of8. COMMIN Montrose County. CO. Tressa Guynes, Clerk and Recorder CIORATO EST. 1883 PROCEEDINGS OF THE BOARD OF MONTROSE COUNTY COMMISSIONERS DATE: 5/8/2025 The Board of County Commissioners met in Special Session at the Montrose County Public Works Meeting Room, 63160 LaSalle Road, Montrose, Colorado at 9:30 a.m. Those present: Scott Mijares, Chair; Sean Pond, Vice-Chair; Sue Hansen, Commissioner; Julie Andress, Interim County Attorney; Leslie Quon, Interim County Manager and Melissa Howie, Clerk to the Board. A. Welcome 1. Pledge of Allegiance 2. Roll Call Scott Mijares, District 1: Present Sue Hansen, District 2: Present Sean Pond, District 3: Present B. Planning and Development 1. Public Hearing, Planning & Development, Tallmadge Richmond, Planning & Development Director, Subject: Zoning Regulations Amendment [AA25-001) Consideration and possible approval of the proposed Amendment to the Montrose County Zoning Regulations related to Power Generation Facilities, Massage Therapy Businesses, and Natural Medicine Businesses. DRAFT ZR Regs for PGF BOCC Zoning Regulations update for BOCC staff report (Solar) 5-8-25 Zoning Regulations Update Public Comment This document was approved on 06/04/2025. Page 264 Commissioner Hansen moved to continue to the defined date of June 4,2025 at 9:30 a.m. Commissioner Mijares seconded. Motion carried unanimously. C. Executive Session D. Adjournment Commissioner Hansen moved to adjourn; Commissioner Pond seconded. Motion carried unanimously. With no further business coming before the Board, the Board of County Commissioners adjourned at 11:01 a.m. BOARD OEMONTROSE COUNTY COMMISSIONERS Scott/Mijares, Chair Sean-Pond, Viçe-Chair C imel Sue Hansen, Commissioner ATTEST: sS4 bwie Melissa Howie, Clerk to the Board SEAL hovs - UNT pes This document was approved on 06/04/2025. Page 265 Dear Chair Mijares, Vice-Chair Pond, and Commissioner Hansen, Meeting future energy need for our region will be significant, and a diversity of traditional and renewable energy sources is required. Any community that relies solely on a single energy source is putting itself at major risk; we need to have an energy system that relies on the many different options at our disposal. We should not handicap our community by overly restricting access to energy sources, especially easily accessible ones. Adding more solar or nuclear does not mean we remove oil and natural gas from our energy systems, it simply allows another avenue for stable energy at a cost we can afford. The October 2024 Montrose County Master Plan recognizes this, as the foremost goal for the category of "Utilities & Services"is for leadership to "strategically assess and address the need for new and expanded services to meet the evolving demands of Montrose County's residents and businesses". . The Master Plan recognizes renewable energy sources will be critical to the "sustainability of efforts" and points to the reduction of unilateral reliance on traditional sources. The Master Plan is "a product of extensive public outreach" from residents and stakeholders, indicating broad support for renewables within Montrose County. All forms of energy have drawbacks and benefits, and diversification is key. The current code is intentionally generalist in nature, as most forms of renewable energy, including wind, solar, nuclear, and geothermal can be efficiently cited and expanded upon. Critically, Delta Montrose Electric Association has been able to stabilize consumer energy costs and stay competitive by virtue of the diversified energy portfolio employed years ago, which is to compare to the ever-increasing costs associated with Grand Valley Power of Mesa County. DMEA is the only regional electric co-op that has not raised rates in over six years, and the rates remain lower than that of other co-ops for the area, including San Miguel Power, La Plata Electric and Holy Cross. Greater cost stabilization has allowed for increased precision within DMEA budget projection and planning, and renewable projects bring multi-year sources of county tax revenue. Renewables allow for greater local energy control and resilience, as the City of Delta has planned for a small-scale solar microgrid and natural gas project that will allow for energy continuance for the hospital, recreation center, grocery store, hotel and gas stations in the event of major blackouts and emergencies. Local energy independence translates to greater U.S. independence, especially through contracts with U.S.-based facility suppliers. The United States is the third-largest manufacturer of solar panels in the world, and we can be using these American-made panels in local projects. It also decreases the need to import energy into our area with antiquated and inadequate transmission lines. The current amendment for the Montrose County Power Generation Land Use Code is a well-balanced code that responsibly honors private property rights, constituent protections, and the facilitation of a favorable environment for renewable energy development. Importantly, small-scale agrivoltaic and solar projects are allowed by right in the General Agricultural District, with dual-land usage maintained to the greatest extent practicable. This gives primacy to the private property rights of farmers and ranchers. Private property rights are paramount, and agricultural and ranch producers should be allowed to utilize their land in the ways that make the most sense to them. It is their decision, not the government's, for how they operate their property. While agricultural heritage was once primary to San Miguel and Mesa Counties, Montrose County is distinguished in its particular continuity of the tradition, as agriculture remains a contemporary economic and cultural standard. The 2024 Master Plan is responsive to our agricultural centrality, identifying it "as an essential economic factor in the county * . The Plan goes on to reiterate "the need for continued investment in infrastructure, access to markets, and support for emerging agricultural enterprises". Agrivoltaics is an emerging innovation designed to enhance farming through methods like drip irrigation and selective shading, while providing subsidization to agriculture and ranch enterprise through dual-land usage. Agrivoltaics is specific to the land parcel and each project can be uniquely tailored. It is essential to allow landowners the flexibility to determine the highest and best use for their land, and for landowners to be able access the full gamut of income options available to benefit operations. Colorado is a "Right to Farm State" pursuant to Section 35-3.5-101, C.R.S., as amended, and Montrose County adopted a Right to Farm and Ranch Policy in 2022. The "General Provisions" statement within Montrose County Zoning Regulations reflects this right, as "IIt is the intent of the Board of County Commissioners to foster, protect, and encourage the continuation of this rich [agricultural) history through the application ofland use standards and regulations". It is notable such a statement is included within the opening "General Provisions" section, as such a section is meant to anchor and frame the entirety of the document. The current amendment well-supports the agricultural protections solidified in county policy and state law. The amendment honors constituent protections, as all projects in all districts require special use permitting, with the exception of the General Agricultural District, as outlined earlier, and the General Industrial District. Small-scale projects are allowed by right in these two districts. The code defines small-scale solar as 5mW and below, which is appropriate given this is an industry standard that is widely accepted. This size delineation is also used by Mesa and San Miguel Counties, which were used as model codes for the current amendment. Lowering this standard will make Montrose County an anomaly and eat up county staff time and taxpayer dollars for additional reviews. Maintaining viewsheds are, justifiably of particular concern, yet allowing small-scale solar and other projects by right within the General Industrial District helps ensure projects are relegated to already degraded scenic and environmental land bases. The public pushback and potential for the colloquial "Not In My Backyard" stance toward degrading already degraded territory will likely be slim. The General Industrial District has existing boundaries, which will serve as a ready cap on project sprawl, in addition to the site review process that is required for all projects, regardless of size. While our setback requirements well-exceed those specified within the land use codes for Mesa County and are on par with those of San Miguel, sufficient buffering and setbacks that protect viewsheds are often subjective and can be addressed on an individual project basis during site review. San Miguel County code has language specific to this, as "setbacks may be increased or decreased during the review and evaluation of the application for large and medium-scale projects" We can incorporate similar code language, ifneed be. Land use conflicts are minimal in the General Industrial District, as existing utility facilities are already present. Solar is low- impact in method, activity, and traffic generation, especially in comparison to the manufacturing and processing projects already allowed by right in this district. Solar is the easiest form of energy production to decommission, making it a prime interim form of energy to be used while other energy sources develop, if necessary. The current amendment specifically prioritizes land that has previously been disturbed by reclaimed mining operations or other similar disturbances for use of utility facilities, which supports the 2024 Master Plan objective to identify locations that constitute degraded land bases and allow for capitalization of renewable energy potential. Allowing small-scale projects by right in the General Industrial District supports the goals of protected viewsheds and prioritization of degraded territory for development, as well as the gains ofincreased tax revenue and greater local energy resilience. Thank you, Jennifer Jones Montrose Board of County Commissioners 63160 LaSalle Road Montrose, CO 81401 Scott Mijares, District 1, smijares@montrosecounty.net Sue Hansen, District 2, shansen@montrosecounty.net Sean Pond, District 3, pondemontosecauntynet CC: Tallmadge Richmond, trichmond@montrosecounty.net Dear Commissioners, I am writing you because I will be unable to attend the BOCC meeting tomorrow May 8th, 2025. This letter contains my comments about agenda item B.1. Planning & Development, Tallmadge Richmond, Planning & Development Director, Subject: Zoning Regulations Amendment [AA25-001). These regulations should be passed as-is. County commissioners sent these proposed regulations back to the County Planning and Development Director for there to be time to engage with stakeholders about improving the proposed regulations. This was a wise decision on the part of the county commissioners. Input was received from stakeholders and incorporated as applicable. This has involved considerable work on the part of the county and stakeholders engaged in this process. Abandoning these regulations would be an insult to the communities across our county who have provided the county with feedback and now expects you to act on that input. You have a good set of regulations that will protect private property while allowing for industrial scale photovoltaic energy plants to be developed in ways that preserve the character of the county and prioritize agrivoltaics. Agrivoltaics provide an opportunity to increase the productivity of land by providing needed shade for crops, and to both sell the products of agriculture and the energy. This presents an economic windfall for a property owner with marginal agricultural lands. It is also an excellent source of county tax revenue without burdening homeowners with higher taxes. In general, if you fail to pass these regulations you are making the choice to hobble investment into the county. Investments that we badly need as a low income county. You should be excited to see this kind of investment into Montrose County which represents significant income, jobs, and the secondary benefits of a more resilient grid, local power generation, and can create jobs and new industries from inexpensive and clean energy. Please vote yes on these regulations and turn on the economic spigot of investment into our community. Thank You, hyan - Ryan Sedgeley 947 S 12th Street, Montrose, CO 81401 307-220-6084 yan.Sedgeley@protonmail.com Good morning Commissioners, Thank you, sincerely, for giving me the chance to speak today. And thank you, even more importantly, for the long hours, careful thinking, and commitment you've brought to the difficult work of governing Montrose County. It's not easy, and I think too often, that goes unrecognized. We know that writing policy is rarely black and white. It takes time. It takes compromise. It takes listening especially to people you may not agree with. And that's exactly what has happened over the past two years with the development of the renewable energy code. It's been a long road. But through that process, people from all walks of life- ranchers, energy experts, developers, everyday residents- -have come together to craft something thoughtful and balanced. Not perfect. But fair. And that's a rare thing in today's political world. That's why it would be just SO unfortunate -SO genuinely disheartening ifa all of that work were pushed aside now. We understand the concerns. Viewsheds matter. The character oft this county matters. But the code already reflects those values. It includes protections for neighbors, for landscapes, for quality oflife. It's not some open invitation to unchecked development it's a responsible framework, built right here, by people who love this place. And it's also an opportunity. A real one. Montrose County, like many rural counties, faces financial challenges. This isn't about blaming anyone- it'sj just the reality. Budgets are hard to balance, and the needs never go away. But here we have a chance to invite in investment that brings millions in tax revenue over the years- revenue that helps everyone, without putting pressure on schools, roads, or emergency services. It's rare that aj policy solution does SO much for sO many. And here's something that's often missed: this isn'tjust about companies or developers. It's about our landowners many of them multi-generation farmers and ranchers- who are looking for a way to keep their land working. Hosting solar may be the thing that allows them to stay on their land instead of selling to a subdivision developer. We should give them that choice. You've already done the hard work. You've already shown leadership. Now, the final step is allowing that work to mean something. To take root. To do good for this county. Ifwe let this moment slip away, it won't be a dramatic headline. It'll be something quieter, but more tragic a missed chance. One we'll look back on in five or ten years and say, "We could have had that. We were SO close." Ih hope we don't say that. I hope we say, "We did it right." Thank you for all that you do. And thank you for considering this path forward. Tgail Isiaih 3060 Acorah ESE Gst Gavsted fo comwen aA Subsielees Sdar 3 suosianed 20-502 dypreally. T6 Halce on Sm's Vwbers 1502 df $23 3 $(56. #23 - $1.50 I $34.50 7h3 15 af fad Valie and $ saac wfo Subsidres Cs So fhon twe next best st7l cheaper optran vot fo Menelran fsler s Tastall, Thank youf