HomeMy WebLinkAbout20253578 Resolution
•
Approve Request to Extend Time to Record Map for Use by Special Review Permit,
USR23-0020 — Robert and Allison Johnson, do CBEP Solar 20, 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 Robert and Allison Johnson, do
CBEP Solar 20, LLC, for Use by Special Review Permit, USR23-0020, 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:
E1/2 SW1/4 of Section 24, Township 6 North, Range 65 West of the
6th P.M., Weld County, Colorado
Whereas, .in accordance with 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 20, LLC, 4845 Pearl East Circle, Suite 118 #53242, Boulder, Colorado
80301, seeking an extension until March 1, 2026, to complete the Conditions of Approval
and record the map for USR23-0020 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 March 1, 2026.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the request of CBEP Solar 20, LLC, for an extension of time to complete
the Conditions of Approval and record the map for Use by Special Review Permit,
USR23-0020, be, and hereby is, approved, with said extension granted until March 1, •
2026.
cc: (vc/µN/DA/Kw),As R.(s6), 2025-3578
APPL., APPL. REP. PL2886
°I/29/26
Extend Time to Record Map for Use by Special Review Permit, USR23-0020 —
Robert and Allison Johnson, do CBEP Solar 20, 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
Scott K. James, Pro-Tem: Excused � I />®`�►
Jason S. Maxey: Aye i �.
Lynette Peppler: Aye it Ito
Kevin D. Ross: Excused
\I 0 \
Approved as to Form: °!..Ur►®
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
2025-3578
PL2886
'1. 1 MEMORANDUM
COUNTY
TO: Board of County Commissioners
DATE: December 29, 2025
FROM: Molly Wright, Department of Planning Services
SUBJECT: USR23-0020 Extension request
Cloudbreak Energy submitted an extension request for USR23-0020, Darling Ranch. The applicant is
requesting an extension date of March 1, 2026. The extension request states: "The final system size and
the complexities of agrivoltaics have made this an iterative engineering process that requires additional
time to finalize our designs. In addition, Cloudbreak has submitted the Darling Ranch project(USR23-0020)
to Xcel Energy's interconnection queue, and interconnection studies for this project have already been
completed."
USR23-0020 was approved by the Board of County Commissioners on September 27, 2023 for an
approximately 60.5 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.
2025-3578
4845 PEARL EAST CIRCLE STE 118 #53242
BOULDER, CO 80301
(970)425-3501
DEVELOPMENTaCLOUDBREAKENERGY.COM.COM
CLOUDBREAK
Darling Ranch Extension Request Letter
The final system size and the complexities of agrivoltaics have made this an iterative
engineering process that requires additional time to finalize our designs. In addition, Cloudbreak
has submitted the Darling Ranch project (USR23-0020) to Xcel Energy's interconnection queue,
and interconnection studies for this project have already been completed. Earlier delays in
receiving study results slowed Cloudbreak's ability to finalize the design because the results
dictated the final system size. 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 remain
confident in our path forward once these study results are issued and will move quickly to
finalize design once they are available.
Cloudbreak is requesting an extension to 03/01/2026 to allow enough time for the utility to finish
its review and for us to finalize the design as soon as the study results are released. We believe
this timeframe accurately reflects when we expect to receive study results and when we can
complete 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 now
can help us avoid either a later amendment to the USR or a renewed application that would add
to county staff 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
Ham,, ' Extension Request
WE Department of Planning Services
�La 1402 N. 17TH Avenue, P.O. Box 758, Greeley, CO 80632
COUNTY,CO www.weld.qov j (970)400-6100 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: Rob Johnson
Phone#: (970) 581-2994 Email: robabrucejohnson.com
Street Address: 1100 Shoreline Drive City/State/Zip Code:Windsor, Colorado 80550
Applicant/Authorized Agent (Authorization Form must be included if there is an Authorized Agent)
Name:CBEP Solar 20. LLC
Phone#: (970) 425-3501 Email:development@cloudbreakenergy.com
Street Address:4845 PEARL EAST CIRCLE STE 118#53242 City/State/Zip Code: BOULDER.CO 80301
Case number: USR23-0020 Planner on case: Molly Wright
Date case conditionally approved: 09/27/2023 Extension date requested: 03/01/2026
Number of Previous Extension Requests: None
Reason for request: We have completed utility studies and are finalizing designs with EPC.
Type of extension (check one):
V 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.
44t' . 5:1,,6Q 11/19/2025
Signature Date Signature Date
Alexander 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 I
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
Rebecca a,(,Cery
Rebecca Gallery
.4ea, .0 .A. 5'6e,
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@cloudbreakenergy.com)
Status: Signed
Transaction ID: CBJCHBCAABAARUxD4lugJaM30aLkGp8GBIHF2Qdrhyf-
"Cloudbreak Energy Partners, LLC - Consent for Authority to Sig
n - ZB Resignation" History
n Document created by Bobby Dishell(bobby@cloudbreakenergy.com)
2025-10-17-9:56:30 PM GMT
P. Document emailed to James Cleland(james@cloudbreakenergy.com)for signature
2025-10-17-9:56:34 PM GMT
E Document emailed to Alec Shobe (alec@cloudbreakenergy.com)for signature
2025-10-17-9:56:34 PM GMT
C-. Document emailed to Rebecca Gallery(becca@cloudbreakenergy.com)for signature
2025-10-17-9:56:34 PM GMT
n Email viewed by James Cleland (James@cloudbreakenergy.com)
2025-10-17-10:24:15 PM GMT
bo Document e-signed by James Cleland (James@cloudbreakenergy.com)
Signature Date:2025-10-17-10:24:30 PM GMT-Time Source:server
.5 Email viewed by Rebecca Gallery(becca@cloudbreakenergy.com)
2025-10-17-10:31:54 PM GMT
bo Document e-signed by Rebecca Gallery(becca@cloudbreakenergy.com)
Signature Date:2025-10-17-10:32:18 PM GMT-Time Source:server
n Email viewed by Alec Shobe(alec@cloudbreakenergy.com)
2025-10-18-3:14:56 PM GMT
6o 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
0 Agreement completed.
2025-10-18-3:15:53 PM GMT
Q Adobe Acrobat Sign
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR23-0020, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT—ROBERT AND ALLISON JOHNSON, C/O CBEP SOLAR 20, 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,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 Robert and Allison Johnson, 1100 Shoreline Drive, Windsor, Colorado
80550, c/o CBEP Solar 20, LLC, P.O. Box 1255, Sterling, Colorado 80751, for a Site Specific
Development Plan and Use by Special Review Permit, USR23-0020, 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:
E1/2 SW1/4 of Section 24, Township 6 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
and any other applicable Code provisions or ordinance in effect. The
proposal is consistent with the Comprehensive Plan and more specifically
the following goals.
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
[Comprehensive Plan] shall be consistent and promote financially
CC'•PL('rP/MN/Ko/DA/M+.+),CA(KM),F1PPL.,APPL. REP, 2023-2747
10/23/23 PL2886
SPECIAL REVIEW PERMIT (USR23-0020) — ROBERT AND ALLISON JOHNSON, C/O CBEP
SOLAR 20, LLC
PAGE 2
responsible growth."The proposed 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 are two(2)residences that are less than 500 feet from
the facility. The applicant will either get a waiver from the nearby
residences to the south and east, or plant Rocky Mountain Junipers
along the outside of the south and east fence line,to provide natural
screening for the nearby residences.
B. Section 23-2-230.8.2 — 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,and uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the County. Toe 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 SEE 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, of the Weld County
Code 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 21-8, or being more than five(5)acres
but less than 320 acres in the Agricultural/Rural Area, as shown on
Appendix 21-B."This 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 (1) or
more solar arrays and other accessory structures, equipment,
including substations, switchyards, battery storage, electrical
2023-2747
PL2886
SPECIAL REVIEW PERMIT (USR23-0020) — ROBERT AND ALLISON JOHNSON, C/O CBEP
SOLAR 20, LLC
PAGE 3
infrastructure, generators, transmission lines, communications
infrastructure, and other appurtenant structures and/or facilities."
The SEF will encumber approximately 60.59 acres of an
81.244-acre parent parcel. The proposal meets the intent of
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. The Department of
Planning Services staff sent notice to nine (9)surrounding property owners
within 500 feet of the proposed USR boundary. One(1) letter was received
by a resident to the south with concerns of property/tree maintenance and
the historic view of lands to the north. No other 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 nine (9) USRs within one (1) mile of the site. SUP-191, for a
feedlot, to the north; USR18-0057, USR14-0022 and USR14-0021, for a
16-inch HP Natural Gas Pipeline, and 1MUSR18-12-0074, for a Natural
Gas Pump Station, to the west; SUP-135, for a 100-head dairy, to the
south. USR18-0056, for a 20-inch HP Natural Gas Pipeline, USR18-0077,
for a 36-inch HP Natural Gas Pipeline, and USR-1401, for a Port-a-Let
business are located to the east of the site.
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 solar energy facility 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 located within the three (3) mile referral area for the Town of
Kersey and City of Greeley and Coordinated Planning Agreement area for
the Town of Kersey. The Town of Kersey returned the Notice of Inquiry
2023-2747
PL2886
SPECIAL REVIEW PERMIT (USR23-0020) — ROBERT AND ALLISON JOHNSON, C/O CBEP
SOLAR 20, LLC
PAGE 4
(NOI) dated April 6, 2023, which stated no concerns and no desire to
pursue annexation at this time.The City of Greeley and the Town of Kersey
did not return a referral response. The site is outside the Kersey Influence
Area, as delineated in the 2016 Kersey Comprehensive Plan.
E. Section 23-2-230.B.5 — The applicatior complies with Chapter 23,
Articles V and XI, of the Weld County Ccde. The property is within the
Airport Overlay District, 1-25 Overlay District and is not within the Geologic
Hazard Overlay District, MS4 - Municipal Separate Storm Sewer System
area, Historic Townsites Overlay District, cr 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 cemonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The majority of the facility will be loca:ed on Colombo clay loam and
Nunn clay loam soils, which are classified with an C rating, per the soil
report, dated April 25, 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. The land is,
and has been, irrigated s nce the mid-1980s. The applicant indicated 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 Stancards (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 the health, safety,
and welfare of the inhabitants of the ne ghborhood and County. This
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 Robert and Allison Johnson, do CBEP Solar 20, LLC,
for a Site Specific Development Plan and Use by Special Review Permit, USR23-0020,for a Solar
Energy Facility (SEF) outside of subdivisions and historic townsites in the A(Agricultural) Zone
District, on the parcel of land aescribed above, be, and hereby is, granted subject to the following
conditions:
2023-2747
PL2886
SPECIAL REVIEW PERMIT (USR23-0020) — ROBERT AND ALLISON JOHNSON, C/O CBEP
SOLAR 20, LLC
PAGE 5
1. Prior to recording the map:
A. The applicant shall address the requirements of Xcel Energy, as stated in
the updated referral response, dated July 6, 2023. Evidence of such shall
be submitted, in writing, to the Weld County Department of Planning
Services.
B. The applicant shall address the requirements of the Colorado Division of
Water Resources, as stated in the referral response, dated July 10, 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 the Colorado
Parks and Wildlife, as stated in the referral response, dated May 17, 2023.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
D The applicant shall acknowledge the advisory comments of Weld County
Oil and Gas Energy Department. as stated in the referral response. dated
June 22, 2023. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
E. 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.
F. 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.
G. A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer, registered in the State of Colorado, is
required.
H 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.
The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR23-0020.
2) The attached Development Standards.
2023-2747
PL2886
SPECIAL REVIEW PERMIT (USR23-0020) — ROBERT AND ALLISON JOHNSON, C/O CBEP
SOLAR 20, LLC
PAGE 6
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 laoel 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 23-4-103C.C.6 of the Weld County Code.
7) On-site lighting, if applicable. All lighting shall be downcast and
shielded so that light rays will no: 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) 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 66 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) The applicant shal. show and label all existing access points onto
County Road 66 and the usage type(s) (Agriculture, Residential,
Commercial/Industrial, or Oil and Gas). Development Review will
review the access locations as a par of the plan submittal.
2023-2747
PL2886
SPECIAL REVIEW PERMIT (USR23-0020) — ROBERT AND ALLISON JOHNSON, C/O CBEP
SOLAR 20, LLC
PAGE 7
13) The applicant shall show and label the drainage flow arrows, as well
as the accepted drainage features. Stormwater ponds should be
labeled as "Stormwater Detention. No-Build or Storage Area" and
shall include the calculated volume.
14) The applicant shall show and label all recorded easements, and
rights-of-way shall be delineated on the plat by book and page
number or Reception number.
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 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, as 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.
2023-2747
PL2886
SPECIAL REVIEW PERMIT (USR23-0020) — ROBERT AND ALLISON JOHNSON, C/O CBEP
SOLAR 20, 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 < / r
�Clto Mik an, Chair
Weld County Clerk to the Board
c .
,tite errrryL. Buck ro-Tem
Deputy Clerk to the Board
,imoScott K. James
AP'-'.V ! t ORM: � E '�``�
ie , . Ross
er
Count/Forney ,�' y u� �1
l0I12'23 • .7I1 n
Date of signature: ��
2023-2747
PL2886
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ROBERT AND ALLISON JOHNSON
C/O CBEP SOLAR 20, LLCUSR23-0020
1. Site Specific Development Plan and Use by Special Review Permit, USR23-0020, 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 the 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
grade crossings, substations, switchyards, and circuit voltages greater than 34.5 kilovolts.
where necessary.
2023-2747
PL2886
DEVELOPMENT STANDARDS — ROBERT AND ALLISON JOHNSON, C/O CBEP SOLAR 20,
LLC
PAGE 2
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 higl- 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 this Code. Ground-mounted solar collector systems shall be exempt from
impervious surface calculations if the so I 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. 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.
15. The site shall be maintained in accordance with the accepted Property Maintenance Plan.
16. Landscaped areas shall be maintained by the owner/tenant 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.
17. 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.
18. During construction, no permanent disposal of wastes sha I 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.
19. 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.
20. 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.
2023-2747
PL2886
DEVELOPMENT STANDARDS — ROBERT AND ALLISON JOHNSON, C/O CBEP SOLAR 20,
LLC
PAGE 3
21. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of construction of the facility.
22 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.
23. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone, as delineated in C.R.S. §25-12-103.
24. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
25. 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.
26. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
27. 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.
28. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
29. Weld County is not responsible for the maintenance of on-site drainage related features.
30. The historical flow patterns and runoff amounts on the site will be maintained.
31. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
32. 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.
33. 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.
2023-2747
PL2886
DEVELOPMENT STANDARDS — ROBERT AND ALLISON JOHNSON, C/O CBEP SOLAR 20,
LLC
PAGE 4
34. The property owner or operator shall be responsible for complying with ail 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.
35. 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 or ginal 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.
36. 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.
37. In such cases where the Use by Special Review has terminated but the landowner does
not agree to request :o 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 (1C) days prior to the hearing.
If the Board of County Commissioners determines that tf e 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.
38. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, ircluding, but not limited to, sand and gravel. oil,
natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital
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 crifcal 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 oe afforded the opportunity to
extract the mineral resource.
39, 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.
2023-2747
PL2886
Hello