HomeMy WebLinkAbout20253577 Resolution
Approve Request to Extend Time to Record Map for Use by Special Review Permit,
USR23-0019 — Michael Boulter Farms, LLC, c/o CBEP Solar 26, LLC
Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
Whereas, on the 27th day of September, 2023, the Board of County Commissioners of
Weld County, Colorado, approved the application of Michael Boulter Farms, LLC,
c/o CBEP Solar 26, LLC, for Use by Special Review Permit, USR23-0019, for a Solar
Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural)
Zone District, on the following described real estate, being more particularly described as
follows:
Lot D of Recorded Exemption, RE-4420; being part of the SW1/4 of
Section 14, Township 4 North, Range 65 West of the 6th P.M., Weld
County, Colorado
Whereas, pursuant to Section 23-2-200.H of the Weld County Code, the Department of
Planning Services received a request dated November 19; 2025, from CPEP Solar 26,
LLC, 4845 Pearl East Circle, Suite 118 #53242, Boulder, Colorado 80301, seeking an
extension until October 28, 2026, to complete the Conditions of Approval and record the
map for USR23-0019 in the records of the Weld County Clerk and Recorder, and staff set
the matter to be considered by the Board of County Commissioners of Weld County,
Colorado, and
Whereas, the Board heard the testimony and statements of those present, studied the
information presented by the applicant, and recommendation of the Weld County
Department of Planning Services, and having been fully informed, deems it advisable to
grant the extension request until October 28, 2026.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the request of CBEP Solar 26, LLC, for an extension of time to complete
the Conditions of Approval and record the map for Use by Special Review Permit,
USR23-0019, be, and hereby is, approved, with said extension granted until October 28,
2026.
cc•,pL(0E/µ14/oA/M0),ASR(OO, 2025-3577
�1PPL., APPL. REP. PL2885
0 I/2g/26
Extend Time to Record Map for Use by Special Review Permit, USR23-0019 —
Michael Boulter Farms, LLC, do CBEP Solar 26, LLC
Page 2
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 29th day of December, A.D., 2025:
Perry L. Buck, Chair: Aye r.-+-..„
Scott K. James, Pro-Tem: Excused < IL
Jason S. Maxey: Aye �I At; ,
Lynette Peppler: Aye ,C ` - '�
Kevin D. Ross: Excused 'so
Approved as to Form: V. U �,..0#�
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
2025-3577
PL2885
�! r = MEMORANDUM
rI
L cou��Tz
TO: Board of County Commissioners
DATE: December 29, 2025
FROM: Molly Wright, Department of Planning Services
SUBJECT: USR23-0019 Extension request
Cloudbreak Energy submitted an extension request for USR23-0019, Blue Spruce. The applicant is
requesting an extension date of October 28, 2026. The extension request states: "Cloudbreak has
submitted the Blue Spruce project (USR23-0019) to Xcel Energy's interconnection queue where it is on
hold due to projects ahead of it. The delay in study results has prevented Cloudbreak from finalizing our
design because the results of these studies will dictate the final system size and may considerably impact
our system designs."
USR23-0019 was approved by the Board of County Commissioners on September 27, 2023 for an
approximately 66 acre Solar Energy Facility (SEF).
Per Section 23-2-200.H: The applicant shall submit the draft map for preliminary approval to the
Department of Planning Services in electronic(.pdf)format. Upon approval, the applicant shall submit the
map on Mylar or other drafting media approved by the Department of Planning Services, along with all
other documentation required as Conditions of Approval. The map shall be recorded in the office of the
County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in
accordance with the requirements of Subsection 23-2-260.D of this Article. The map shall be recorded
within one hundred twenty(120)days from the date of the Board of County Commissioners Resolution.The
applicant shall be responsible for paying the recording fee. If a Use by Special Review(USR) map has not
been recorded within one hundred twenty(120)days from the date of the Board of County Commissioners
Resolution, or within a date specified by the Board of County Commissioners, the Board may require the
landowner to appear before it and present evidence substantiating that the Use by Special Review(USR)
has not been abandoned and that the applicant possesses the willingness and ability to record the Use by
Special Review (USR) map. The Board of County Commissioners may extend the date for recording the
map. If the Board determines that conditions supporting the original approval of the Use by Special Review
(USR) cannot be met, the Board may, after a public hearing, revoke the Use by Special Review (USR).
The Department of Planning Services is in support of this extension.
2025-3577
4845 PEARL EAST CIRCLE STE 118 #53242
BOULDER, CO 80301
(970)425-3501
DEVELOPMENT aCLOUDBREAKENERGY.COM.COM
CLOUDBREAK
Blue Spruce Extension Request Letter
Cloudbreak has submitted the Blue Spruce project (USR23-0019) to Xcel Energy's
nterconnection queue where it is on hold due to projects ahead of it. The delay in study results
has prevented Cloudbreak from finalizing our design because the results of these studies will
dictate the final system size and may considerably impact our system designs. These delays
are outside our control and are occurring because utilities across the state are working through
backlogs and updating their processes in response to recent state policy changes. Outside of
the utility interconnection queue, policy changes at the federal and state level have also
impacted our ability to finalize our designs.
We are confident on our path forward now and are humbly requesting an extension to
10/28/2026 to allow enough time for the utility to finish its review and for us to finalize the design
as soon as the results are issued. We believe this timeframe is accurate for receiving study
results from the utility and providing Cloudbreak with enough data to finalize our site plan with
the County. Wherever possible, we will work to record the site plan before this date and will
expedite any necessary work to move the project into construction. We are working to move this
project forward as quickly as we can, and approving this request can help us avoid either a later
amendment to the USR or a renewed application that can add to the county staffs workload.
Thank you for your patience and understanding with this request. Please reach out to Brysen
Daughton at Cloudbreak for any further information or clarifications.
Brysen Daughton
Cell: (970) 425-3501
Email: brysen@cloudbreakenergy.com
Extension Request
mina- -
Department of Planning Services
1402 N. 17TM Avenue, P.O. Box 758, Greeley, CO 80632
COUNTY,CO www weld gov I (970)400-6100 I Fax(970) 304-6498
The Weld County Code contains certain timeframes that developments must meet. Please refer to the
Weld County Code, accessible online from the link under Useful Links on the County website:
www weld.gov. See attached for excerpted sections.
An extension of time may be requested by submitting this form. Please complete this page and email it to
the planner you have been working with. The form may also be faxed to the number above or mailed or
delivered to the address above.
Property Owner(s) (Attach additional sheets if necessary.)
Name: Michael Boulter
Phone #: (701)770-1238 Email:ncesmadtat53@msn.com
Street Address:22019 County Road 54 City/State/Zip Code:Greeley, CO 80631
Applicant/Authorized Agent(Authorization Form must be included if there is an Authorized Agent)
Name: CBEP Solar 26, LLC
Phone#:(970)425-3501 Email:development@cloudbreakenergy.com
Street Address:4845 PEARL EAST CIRCLE City/State/Zip Code: BOULDER,CO 80301
STE 118#53242
Case number: USR23-0019 Planner on case: Diana Aungst
Date case conditionally approved: 09/27/2023 Extension date requested: 10/28/2026
Number of Previous Extension Requests: None
Reason for request: We are awaiting completion of the interconnection studies being conducted by Xcel Energy.
Type of extension(check one):
Plat/map recording deadline extension
V Construction commencement deadline extension
Other
I (We) acknowledge the County will charge an additional $50.00 for every three-month period beyond the
original deadline to record the map or plat per the Fee Schedule in Appendix 5-J of the County code.
11/19/2025
Signature —bate Signature Date
Rlcxaider Shobe
Print Print
For Planning Department Use:
An extension is hereby granted for the case and date listed above.
An extension is hereby granted for the case listed above but until
•
The requested extension is denied for the following reason(s):
The requested extension will be forwarded to the Board of County Commissioners for its decision
at its regular 9:00 a.m. meeting on_ . Please be sure to
attend the meeting.
Director of Planning Services
20250910 1
UNANIMOUS WRITTEN CONSENT OF THE BOARD OF MANAGERS OF
CLOUDBREAK ENERGY PARTNERS,LLC,
A DELAWARE LIMITED LIABILITY COMPANY
October 3, 2025
The undersigned, being the all of the Managers of Cloudbreak Energy Partners, LLC, a
Delaware limited liability company (the "Company") and the Company's Limited Liability
Company Operating Agreement dated July 23, 2020, as amended, (the "Operating
Agreement"),do hereby consent to, approve, and adopt the following resolutions:
WHEREAS, any capitalized term used but not defined herein shall have the meaning
ascribed to such term in the Operating Agreement;
WHEREAS, pursuant to Article V of the Operating Agreement, the management and
control of the business and affairs of the Company are vested exclusively in a Board of Managers
(the"Board");
WHEREAS, pursuant to Section 5.03 of the Operating Agreement, the Board shall have
the right to appoint officers of the Company with the titles and duties as determined by the
Board;
WHEREAS, the Board desires to appoint officers of the Company who shall have the
authority to execute and deliver agreements on behalf of the Company.
RESOLVED, that except as expressly provided herein, Rebecca Gallery is hereby
individually authorized to sign and deliver agreements in the name of the Company and its
subsidiaries under the title Partner relating to real property, provided any lease, option, site
control, easement, or similarly titled agreement, provided such agreement has either received an
unconditional approval at a Stage Gate 1 or if such conditions exist, the same have been assigned
to future stage gates;
RESOLVED, that except as expressly provided herein, Rebecca Gallery is hereby
individually authorized to sign and deliver agreements in the name of the Company and its
subsidiaries under the title Partner related to community solar subscription management or
similar services upon receiving written confirmation the same have been included in
underwriting for a project or projects;
RESOLVED, that except as expressly provided herein, Alexander Shobe, also known as
and can be referred to as Alec Shobe, is hereby individually authorized to sign and deliver
agreements in the name of the Company and its subsidiaries under the title Partner which have
been approved in writing by a supermajority of the Board of Managers related to the purchase
and sale of assets, equity,_interests in subsidiaries, development related activities, and
construction and construction related activities;
RESOLVED, that none of these resolutions shall amend or modify Article 6 of the
Operating Agreement;
RESOLVED, that each of Alexander Shobe and Rebecca Gallery are authorized to take
any and all action, to execute any and all documents, agreements and instruments and to take any
and all steps deemed by their necessary or desirable to carry out the purpose and intent of each of
the foregoing resolutions;
RESOLVED, that in addition to the specific authorizations set forth in any of the
foregoing resolutions, Alexander Shobe and Rebecca Gallery are authorized, empowered and
directed for and on behalf of the Company to take from time to time any and all such actions and
to execute and deliver from time to time any and all such amendments, instruments, requests,
receipts, notes, applications, reports, certificates and other documents as they deem to be
necessary, appropriate or desirable to effectuate, consummate, and comply with the purposes and
intent of any of the foregoing resolutions;
RESOLVED, that Rebecca Gallery is hereby appointed as Secretary until such time as a
successor is named;
RESOLVED, that any and all actions heretofore taken by Alexander Shobe and Rebecca
Gallery in connection with the matters contemplated by the foregoing resolutions be, and they
hereby are, approved, ratified and confirmed in all respects as if such had been presented to the
Board for approval prior to such action or actions being taken;
RESOLVED, that the actions taken by this written consent shall have the same force and
effect as if taken by the undersigned at a meeting of the Board, duly called and constituted,
pursuant to the laws of the State of Delaware; and
RESOLVED, that this written consent may be executed in two (2) or more counterparts,
each of which shall be deemed an original and all of which together shall constitute the same
instrument. Counterparts may be delivered via facsimile, electronic mail (including PDF) or
other transmission method and any counterpart so delivered shall be deemed to have been duly
and validly delivered and be valid and effective for all purposes.
[Signature Page Follows]
4843-9997-4895 1
j
IN WITNESS WHEREOF, the undersigned has executed this Unanimous Written
Consent of the Board of Managers as of the date first written above.
MANAGERS:
James Cleland
TZebeua C�a,(,(,ery
Rebecca Gallery
46zx .,A. �i%e6Z
Alec Shobe
Cloudbreak Energy Partners, LLC - Consent for
Authority to Sign - ZB Resignation
Final Audit Report 2025-10-18
Created: 2025-10-17
By: Bobby Dishell(bobby@doudbreakenergy.com)
Status: Signed
Transaction ID: CBJCHBCAABAARUxD4IugJaM30aLkGp8GBIHF2Qdrhyf-
"Cloudbreak Energy Partners, LLC - Consent for Authority to Sig
n - ZB Resignation" History
t Document created by Bobby Dishell(bobby@cloudbreakenergy.com)
2025-10-17-9:56:30 PM GMT
El+ Document emailed to James Cleland (james@cloudbreakenergy.com)for signature
2025-10-17-9:56:34 PM GMT
ET+ Document emailed to Alec Shobe (alec@cloudbreakenergy.com)for signature
2025-10-17-9:56:34 PM GMT
E+ Document emailed to Rebecca Gallery(becca@cloudbreakenergy.com)for signature
2025-10-17-9:56:34 PM GMT
t Email viewed by James Cleland(james@cloudbreakenergy.com)
2025-10-17-10:24:15 PM GMT
& Document e-signed by James Cleland (James@cloudbreakenergy.com)
Signature Date:2025-10-17-10:24:30 PM GMT-Time Source:server
t Email viewed by Rebecca Gallery(becca@cloudbreakenergy.com)
2025-10-17-10:31:54 PM GMT
6o Document e-signed by Rebecca Gallery(becca@cloudbreakenergy.com)
Signature Date:2025-10-17-10:32:18 PM GMT-Time Source:server
t Email viewed by Alec Shobe(alec@cloudbreakenergy.com)
2025-10-18-3:14:56 PM GMT
Lo Document e-signed by Alec Shobe(alec@cloudbreakenergy.com)
Signature Date:2025-10-18-3:15:53 PM GMT-Time Source:server
el Adobe Acrobat Sign
o Agreement completed.
2025-10-18-3:15:53 PM GMT
Q Adobe Acrobat Sign
PIT]
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR23-0019, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT— MICHAEL BOULTER FARMS, LLC, C/O CBEP SOLAR 26, LLC
WHEREAS, the Board of County Commissioners of Wed County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 27th day of
September, 2023, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Michael Boulter Farms, LLC, 22019 County Road 54, Greeley, Colorado
80631, c/o CBEP Solar 26, LLC, P.O. Box 1255, Sterling, Colorado 80751, for a Site Specific
Development Plan and Use by Special Review Permit, USR23-0019, for a Solar Energy Facility
(SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Lot D of Recorded Exemption, RE-4420; being part
of the SW1/4 of Section 14, Township 4 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
[Weld county Comprehensive Plan] and any other applicable Code
provisions or ordinance in effect.
1) Section 22-2-10.0 states: "Promoting Economic Growth and
Stability. Land use policies have a significant impact economic
conditions in the County and should be structured to encourage
economic prosperity. To ensure the continued strength of Weld
County's economy, land use processes and decisions based on the
cc:PL0.174 14/Ko/DA/MO,cA(14.M) RPPL. APPL.REP 2023-2734
►o/23/23 PL2885
SPECIAL REVIEW PERMIT (USR23-0019) — MICHAEL BOULTER FARMS, LLC,
C/O CBEP SOLAR 26, LLC
PAGE 2
[Comprehensive Plan] shall be consistent and promote financially
responsible growth." The Solar Energy Facility (SEF) will provide
construction jobs and energy to Weld County, which directly
supports economic prosperity. This SEF, being a power-generating
facility, will add variety, stability, and redundancy to the existing
electrical grid. Traditional energy resources are tied to commodity
markets and can vary in demand and output. This facility can
complement and support the economy during times of fluctuating
oil and gas activity.
2) Section 22-2-30.0 states: `Harmonize development with
surrounding land uses."The adjacent land will experience minimal
nuisance from the SEF,which is an unmanned energy development
facility. There is one (1) residence that is less than 500 feet from
the facility. The applicant will either get a waiver from the nearby
residence to the west or plant Rocky Mountain Junipers along the
outside of the western fence line to provide natural screening for
the nearby residence.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states: `Agriculture in the County is
considered a valuable resource, which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the County. The A (Agricultural)Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production, and
for areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses." This
Code Section supports the installation of the subject SEF, which is
for energy development. The facility will provide power to be utilized
by residences, businesses, and farming operations in Weld County.
2) Section 23-3-40.FF — Uses by Special Review, include, "Solar
Energy Facilities (SEF'S), being more than five (5) acres in size but
less than 160 acres in the Near/Urban Area, as shown on
Appendix 21-B, or being more than five (5) acres but less than
320 acres in the Agricultural/Rural Area, as shown on
Appendix 21-B."Th s Code Section allows the applicant to apply for
the subject SEF, being located in the Near/Urban Area, as shown
by map, in Appendix 21-B. Per Section 23-1-90 of the Weld County
Code, a "Solar Energy Facility means: a commercial facility whose
primary purpose is to supply electricity and consists of one or more
solar arrays and other accessory structures, equipment, including
2023-2734
PL2885
SPECIAL REVIEW PERMIT (USR23-0019) — MICHAEL BOULTER FARMS, LLC,
C/O CBEP SOLAR 26, LLC
PAGE 3
substations, switchyards, battery storage, electrical infrastructure,
generators, transmission lines, communications infrastructure, and
other appurtenant structures and/or facilities." The SEF will
encumber approximately 66.52 acres of a 152.27-acre parent
parcel. The proposal meets the intent of the A (Agricultural) Zone
District, as the facility will produce energy and will not interfere with
adjacent agricultural operations.
C. Section 23-2-230.B.3—The uses which will be permitted will be compatible
with the existing surrounding land uses. The properties adjacent to the
parent parcel are zoned A (Agricultural) and the land uses include pasture
land, production agriculture, and rural residences, Weld County
Department of Planning Services staff sent notice to five (5) surrounding
property owners, who own the 13 adjacent properties, within 500 feet of the
proposed USR boundary. No written correspondence or telephone calls
were received. Surrounding property owners were contacted by the
applicant. Some have requested screening and others desire no screening.
The County also notified these property owners, and no additional
comments were received.
There are seven (7) USRs within one (1) mile of the site. USR-698 and
USR-725, for aggregate mining, and USR-863, for a 600-head dairy are
located west of the site; SUP-202, for a feedlot, USR18-0025, for a water
and fuel trucking company, USR19-0008, for a 24-inch-high pressure gas
line, and USR19-0051. for use of a residence for offices and outdoor
storage of pipe, are located to the east.
Based on the referral agency responses and the location of the site, the
proposed SEF is in an area that can support this development. The
Conditions of Approval and Development Standards will assist in mitigating
the impacts of the facility on the adjacent properties and ensure
compatibility with surrounding and uses and the region.
D. Section 23-2-230.B.4—The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code, and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The SEF is proposed to be less than 160 acres in the
Near/Urban Area, so it does not require a 1041 review. The site is not
designated as being in an Opportunity Zone on the Weld County
Comprehensive Plan. The site is not located within a Coordinated Planning
Agreement (CPA) or a three (3) mile referral area of any municipality.
E. Section 23-2-230.B.5 — The application complies with Chapter 23.
Articles V and XI, of the Weld County Code. The property is not within the
Airport Overlay District, 1-25 Overlay District, Special Flood Hazard Area,
2023-2734
PL2885
SPECIAL REVIEW PERMIT (USR23-0019) — MICHAEL BOULTER FARMS, LLC.
C/O CBEP SOLAR 26, LLC
PAGE 4
Geologic Hazard Overlay District, MS4 - Municipal Separate Storm Sewer
System area, Historic Townsites Overlay District, or Agricultural Heritage
Overlay District. Building Permits issued on the property will be required to
adhere to the fee structure of the County-Wide Road Impact Fee, County
Facility Fee, and Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 —The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The facility will be located on Otero sandy loam, Valent sand, Vona
loamy sand, and Vona sandy loam soils, which are classified with an
A rating, per the soil report dated May 16, 2023, from the Natural Resource
Conservation Service Soil Survey. These have a high infiltration rate and
low runoff potential. The land is classified as Prime Farmland, if irrigated
(Otero) and Farmland of statewide importance (Vona sandy loam). The
land is, and has been, irrigated since the mid-1990s. The applicant
indicates that the land will continue in agricultural production if the site is
decommissioned. Per the application materials, the property owner stated
there are water rights associated with the land. The property owner
requests consideration to lease part of the land for solar because it will
decrease the water demand and will generate money from the solar lease
and lower the water costs.
G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of health, safety, and
welfare of the inhabitants of the neighborhood and County. The proposal
has been reviewed by the appropriate referral agencies and it has been
determined that the attached Conditions of Approval and Development
Standards ensure that there are adequate provisions for the protection of
the health, safety and welfare of the inhabitants of the neighborhood and
county and will address and mitigate impacts on the surrounding area with
the operation of this facility.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Michael Boulter Farms, LLC, c/o CBEP Solar 26, LLC,
for a Site Specific Development Plan and Use by Special Review Permit, USR23-0019, for a Solar
Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone
District, on the parcel of land described above, be, and hereby is, granted subject to the following
conditions:
1. Prior to recording the map:
A. The applicant shall acknowledge the referra response from Public Service
of Colorado, as stated in the referral response, dated June 26, 2023.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
2023-2734
PL2885
SPECIAL REVIEW PERMIT (USR23-0019) — MICHAEL BOULTER FARMS, LLC,
C/O CBEP SOLAR 26, LLC
PAGE 5
B. The applicant shall acknowledge the advisory comments of Weld County
Oil and Gas Energy Department, as stated in their referral, dated June 22,
2023. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
C. The applicant shall acknowledge the advisory comments of City of Greeley
Community Development- Planning Department, as stated in their referral,
dated June 30, 2023. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
D. The applicant shall submit to the Department of Planning Services any
screening waivers from residents within 500 feet. If waivers are not
obtained opaque screening is required, per the accepted Landscape and
Screening Plan.
E. A Road Maintenance Agreement (Construction) is required at this location.
Road maintenance includes, but is not limited to, dust control and damage
repair to specified haul routes during construction.
F. If utilizing a vegetative material for visual mitigation to screen the facility
from adjoining properties to the east and south, the applicant shall submit
an Irrigation Plan to the Department of Planning Services for review and
acceptance.
G. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR23-0019.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall show and label the required setbacks, in
accordance with Section 23-4-1030.C.3 of the Weld County Code.
5) Any existing and proposed solar facility installations and electrical
equipment, power lines, structures, temporary work trailers, storage
containers (limited to two [2], per Section 23-3-30.B of the Weld
County Code), storage areas and miscellaneous improvements, as
applicable. Clearly indicate which items are temporary for use
during construction and which items are permanent.
6) Required fencing, gates and any emergency and site identification
signage, in accordance with Section 23-2-240.A.12 and
Section 23-4-1030.C.6 of the Weld County Code.
2023-2734
PL2885
SPECIAL REVIEW PERMIT (USR23-0019) — MICHAEL BOULTER FARMS, LLC,
C/O CBEP SOLAR 26, LLC
PAGE 6
7) On-site lighting, if applicable. All lighting shall be downcast and
shielded so that light rays will not shine directly onto adjacent
properties. Include lighting specification details on the USR map.
Refer to Section 23-2-250.D of the Weld County Code for design
criteria.
8) Trash collection areas, if applicable. Section 23-2-240.A.13 of the
Weld County Code addresses the issue of trash collection areas.
9) Planned oil and gas surface development areas, corridors, access
roadways, etc., as part of any executed Surface Use Agreement, if
applicable.
10) Screening Plan for residences within 500 feet, unless a waiver from
the resident has been supplied to the Department of Planning
Services.
11) County Road 45 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map. All setbacks shall be measured
from the edge of the right-of-way. This road is maintained by Weld
County.
12) County Road 44 is a paved road and is designated on the Weld
County Functional Classification Map as an arterial road, which
requires 140 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map. All setbacks shall be measured
from the edge of the right-of-way. This road is maintained by Weld
County.
13) The applicant shall show and label the access points onto
County Road 45 and County Road 44, and the usage type(s)
(Agriculture. Residential, Commercial/Industrial, or Oil and Gas).
Development Review will review the access location as a part of the
plan submittal.
14) The applicant shall show and label the drainage flow arrows, as well
as the accepted drainage features.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
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SPECIAL REVIEW PERMIT (USR23-0019) — MICHAEL BOULTER FARMS, LLC,
C/O CBEP SOLAR 26, LLC
PAGE 7
County Department of Planning Services. Upon approval of the map the applicant
shall submit a Mylar map along with all other documentation required as Conditions
of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar map and additional requirements shall be submitted
within 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be
recorded within the specified timeline from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance fee shall be added for
each additional three (3)-month period.
4. Prior to Construction:
A. The applicant shall submit an irrevocable standby letter of credit, bond, or
alternate form of security in an amount sufficient to fund the estimated
decommissioning/reclamation costs, required by Section 23-4-1030.B.4 of
the Weld County Code, for acceptance and approval by the Weld County
Board of County Commissioners. Once approved, the Decommissioning
and Reclamation Plan shall be updated to include the approved security
information.
B. The approved access and tracking control shall be constructed prior to
on-site construction.
C. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
5. The Use by Special Review Permit is not perfected until the Conditions of Approval
are completed and the map is recorded. Activity shall not occur, nor shall any
Building or Electrical Permits be issued on the property, until the Use by Special
Review plat is ready to be recorded in the office of the Weld County Clerk and
Recorder or the applicant has been approved for an early release agreement.
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SPECIAL REVIEW PERMIT (USR23-0019) — MICHAEL BOULTER FARMS, LLC,
C/O CBEP SOLAR 26, LLC
PAGE 8
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of September, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: C/ J Cs{ ,,,,/ .4 �� � • (NAY)
roc �l'11D Mik an. Chair
Weld County Clerk to the Board _
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B� "I 1 .uJW c.L0 c)L erry . Buc , Pro-Tern
Deputy Clerk to the Board (AYE)
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APP ED AST M: " t L (AYE)
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Date of signature: r oi Z IZ3 4;n n
2023-2734
PL2885
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MICHAEL BOULTER FARMS, LLC,
C/O CBEP SOLAR 26, LLC
USR23-0019
1. Site Specific Development Plan and Use by Special Review Permit, USR23-0019, is for a
Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the
A (Agricultural) Zone District, subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right, pursuant to Section 23-8-10 of
the Weld County Code.
3. The Use by Special Review Permit shall be valid for three (3) years from the date of
approval. If the site is not selected for being a participant in any community solar program
the permit shall expire on the anniversary date of Board of County Commissioners
approval.
4. Any future structures or uses onsite must obtain the appropriate Zoning and Building
Permits.
5. The facility is unmanned and will operate year-round. Limited maintenance personnel may
visit the site, once operational.
6. Height limitation. Ground-mounted solar collectors shall not exceed 25 feet in height,
measured from the highest natural grade below each solar panel, to the highest extent of
the solar panel rotation.
7. Glare. The SEF shall be placed so that concentrated solar glare from its solar collectors
will not be directed toward, or onto, nearby properties or roadways, at any time of the day.
8. Setbacks. The Improved Area of the SEF shall conform to the setback requirements of the
underlying zone. Additionally, the improved area must be at least 500 feet from existing
residential buildings and residential lots of a platted subdivision or planned unit
development. The residential setback requirement may be reduced if appropriate
screening through landscape or an opaque fence is installed, or upon submittal to Weld
County of a waiver or informed consent, signed by the residence owner, agreeing to the
lesser setback. If landscaping or opaque fencing is substituted for setback, a Landscaping
Plan or Fencing Plan shall first be submitted to, and approved by, the Department of
Planning Services, per Section 23-4-1030.C.3 of the Weld County Code, as amended.
9. Dust mitigation. The operators of the SEF shall continuously employ the practices for
control of fugitive dust, detailed in their accepted Dust Mitigation Plan, per
Section 23-4-1030.C.4 of the Weld County Code. as amended.
10. Underground cables. All electrical cables on the improved area shall be buried, except for
direct current string wires that connect between solar collectors, and direct current
collection circuits between rows of solar arrays that are no more than four (4) feet above
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DEVELOPMENT STANDARDS (USR23-0019) — MICHAEL BOULTER FARMS, LLC,
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PAGE 2
grade crossings, substations, switchyards, and circuit voltages greater than 34.5 kilovolts,
where necessary.
11. Fencing. The SEF shall be enclosed with a security fence, as accepted, pursuant to the
Fencing Plan, as presented in the application materials. Appropriate signage shall be
placed upon such fencing that warns the public of the nigh voltage therein.
12. Stormwater management. The Operator of the SEF shall comply with the approved Final
Drainage Report and the required Storm Drainage Criteria, pursuant to Chapter 8,
Article XI of the Weld County Code. Ground-mounted solar collector systems shall be
exempt from impervious surface calculations if the soil under the collectors is designated
hydrologic A or B soil groups, by the Natural Resources Conservation Service (NRCS).
13. Access permit. Prior to construction of the SEF, the applicant shall apply for and obtain an
approved Access Permit from the Weld County Department of Public Works, pursuant to
the provisions of Chapter 8, Article XIV of this Code. per Section 23-4-1030,C.8 of the
Weld County Code, as amended.
14. Existing irrigation systems. The nature and location or expansion of the SEF must not
unreasonably interfere with any irrigation systems on, or adjacent to, the solar facility, per
Section 23-4-1030.C.9 of the Weld County Code, as amended.
15. Decommissioning. The site shall adhere to the accepted Decommissioning and
Reclamation Plan. Weld County shall have the right to draw upon the irrevocable standby
letter of credit, or other form of financial security, to pay for decommissioning in the event
that the holder has not commenced decommissioning and reclamation activities within
90 days of the Board of County Commissioners' order or Resolution, directing
decommissioning and reclamation.
16. The site shall be maintained in accordance with accepted Property Maintenance Plan.
17. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any light
source may create a traffic hazard to operators of motor vehicles on public or private
streets. No colored lights may be used, which may be confused with, or construed as,
traffic control devices.
18. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code.
19. Landscaped areas shall be maintained by the owneritenant of the property, including
landscaped areas within the adjacent right-of-way. Maintenance shall include, but not be
limited to, irrigating, mowing, pruning, removal of trash and weeds, and replacement of
any required plantings that become diseased infested or otherwise unhealthy shall be
replaced within the growing season or next calendar year, whichever occurs sooner.
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DEVELOPMENT STANDARDS (USR23-0019) — MICHAEL BOULTER FARMS, LLC,
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PAGE 3
20. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal
Sites and Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final
disposal in a manner that protects against surface and groundwater contamination.
21. During construction, no permanent disposal of wastes shall be permitted at this site. This
is not meant to include those wastes specifically excluded from the definition of a solid
waste in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
22. During construction, waste materials shall be handled, stored, and disposed of in a
manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other
potential nuisance conditions. The facility shall operate in accordance with Chapter 14,
Article I of the Weld County Code.
23. During construction, adequate toilet facilities and handwashing units shall be provided.
Portable toilets shall be serviced by a cleaner licensed in Weld County, contain hand
sanitizers, be screened from public view, and removed when construction is completed.
24. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of construction of the facility.
25. The facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) Permit
requirements, as stipulated by the Air Pollution Control Division of the Colorado
Department of Public Health and Environment, as applicable.
26. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone, as delineated in C.R.S. §25-12-103.
27. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
28. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
29. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
30. Any work that may occupy and/or encroach upon any County rights-of-way or easement
shall require an approved Right-of-Way Use Permit prior to commencement.
31. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
32. The historical flow patterns and runoff amounts on the site will be maintained.
33. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
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PAGE 4
34. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
35. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards, as shown or stated, shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
36. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
37. Construction or use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of approval, unless otherwise specified
by the Board of County Commissioners when issuing the original Permit, or the Permit
shall be vacated. The Director of the Department of Planning Services may grant an
extension of time, for good cause shown, upon a written request by the landowner.
38. A Use by Special Review shall terminate when the use is discontinued for a period of
three (3) consecutive years, the use of the land changes or the time period established by
the Board of County Commissioners through the approval process expires. The landowner
may notify the Department of Planning Services of a termination of the use or Planning
Services staff may observe that the use has been terminated. When either the Department
of Planning Services is notified by the landowner, or when the Department of Planning
Services observes that the use may have been terminated, the Planner shall send certified
written notice to the landowner asking that the landowner request to vacate the Use by
Special Review Permit.
39. In such cases where the Use by Special Review has terminated but the landowner does
not agree to request to vacate the Use by Special Review Permit, a hearing shall be
scheduled with the Board of County Commissioners to provide the landowner an
opportunity to request that the Use by Special Review Permit not be vacated, for good
cause shown. The landowner shall be notified at least ten (10) days prior to the hearing.
If the Board of County Commissioners determines that the Use by Special Review has
terminated and no good cause has been shown for continuing the permit, then the
termination becomes final, and the Use by Special Review Permit is vacated.
40. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital
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DEVELOPMENT STANDARDS (USR23-0019) — MICHAEL BOULTER FARMS, LLC,
C/O CBEP SOLAR 26, LLC
PAGE 5
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and people moving into these areas must
recognize the various impacts associated with this development. Often, mineral resource
sites are fixed to their geographical and geophysical locations. Moreover, these resources
are protected property rights and mineral owners should be afforded the opportunity to
extract the mineral resource.
41. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
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