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Home My WebLink About20253579 Resolution Approve Request to Extend Time to Record Map for Use by Special Review Permit, USR23-0021 — David Weinmeister, do CBEP Solar 13, 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 4th day of October, 2023, the Board of County Commissioners of Weld County, Colorado, approved the application of David Weinmeister, c/o CBEP Solar 13, LLC, for Use by Special Review Permit, USR23-0021, 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 B of Recorded Exemption, RE-4137; being part of the S1/2 SW1/4 of Section 24, Township 5 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 13, LLC, 4845 Pearl East Circle, Suite 118 #53242, Boulder, Colorado 80301, seeking an extension until July 1, 2026, to complete the Conditions of Approval and record the map for USR23-0021 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 July 1, 2026. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the request of CBEP Solar 13, LLC, for an extension of time to complete the Conditions of Approval and record the map for Use by Special Review Permit, USR23-0021, be, and hereby is, approved,with said extension granted until July 1, 2026. cc .pL.(DE/MN/DA/MW) $1SR(s6), 2025-3579 APPL•, PPL. REP. PL2887 0►/29/26 Extend Time to Record Map for Use by Special Review Permit, USR23-0021 — David Weinmeister, c/o CBEP Solar 13, 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 d►®'�-•. Pro-Tern: '" Scott K. James, Excused t Jason S. Maxey: Aye �® Lynette Peppier: Aye Ito � Kevin D. Ross: Excused Approved as to Form: % ® ® Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 2025-3579 PL2887 igbi . ► MEMORANDUM rp COUNTY TO: Board of County Commissioners DATE: December 29, 2025 FROM: Molly Wright, Department of Planning Services SUBJECT: USR23-0021 Extension request Cloudbreak Energy submitted an extension request for USR23-0021, Island Grove. The applicant is requesting an extension date of July 1, 2026. The extension request states:"Cloudbreak has submitted the Island Grove project(USR23-0021)to Xcel Energy's interconnection queue,where it is currently in studies. While this project remains on schedule, utilities across the state are working through backlogs and updating their processes in response to recent state policy changes, which may affect the timing of final steps needed to complete our design." USR23-0021 was approved by the Board of County Commissioners on October 4, 2023 for an approximately 23.21-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. 2025-3579 4845 PEARL EAST CIRCLE STE 118#53242 ` BOULDER, CO 803J 01(970)425-3501 DEVELOPMENT@CLOUDBREAKENERGY.COM.COM CLOUDBREAK Island Grove Extension Request Letter Cloudbreak has submitted the Island Grove project (USR23-0021) to Xcel Energy's interconnection queue, where it is currently in studies. While this project remains on schedule, utilities across the state are working through backlogs and updating their processes in response to recent state policy changes, which may affect the timing of final steps needed to complete our design. Outside of the utility interconnection queue, policy changes at the federal and state level have also impacted our ability to finalize our designs. The delay in these remaining items may impact when Cloudbreak can finalize its system design. We remain confident on our path forward and will finalize design promptly once the remaining utility steps are complete. Cloudbreak is requesting an extension to 07/01/2026 to allow enough time for the utility to finish its review and for us to finalize the design as soon as those remaining steps are completed. We believe this timeframe accurately reflects when we expect to complete interconnection and 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 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 Extension Request Department of Planning Services WEER 1402 N. 17TH 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: David I. Weinmeister Phone #: (970) 373-9746 Email:weinmeister1@msn.com Street Address: 23041 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 13, 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: USR23-0021 Planner on case: Diana Aungst Date case conditionally approved: 10/04/2023 Extension date requested: 07/01/2026 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): 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. 44f-,/,° A s,1,6e 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] 4843-9997-4895.1 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.gallery Rebecca Gallery .A 6.1_44c4A,4. 5ie6e, 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 t Document created by Bobby Dishell(bobby@cloudbreakenergy.com) 2025-10-17-9:56:30 PM GMT E4 Document emailed to James Cleland(james@cloudbreakenergy.com)for signature 2025-10-17-9:56:34 PM GMT Cry Document emailed to Alec Shobe(alec@cloudbreakenergy.com)for signature 2025-10-17-9:56:34 PM GMT ?. 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 d© Document e-signed by James Cleland (James@cloudbreakenergy.com) Signature Date:2025-10-17-10:24:30 PM GMT-Time Source:server 'n Email viewed by Rebecca Gallery(becca@cloudbreakenergy.com) 2025-10-17-10:31:54 PM GMT A. Document e-signed by Rebecca Gallery(becca@cloudbreakenergy.com) Signature Date:2025-10-17-10:32:18 PM GMT-Time Source:server In 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 O Agreement completed. 2025-10-18-3:15:53 PM GMT Q Adobe Acrobat Sign ft-0 0)7] RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR23-0021, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT-DAVE WEINMEISTER, CIO CBEP SOLAR 13, 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 4th day of October,2023, at the hour of 10:00 a.m., in the Chambers of the Board,for the purpose of hearing the application of Dave Weinmeister, 23041 County Road 54, Greeley, Colorado 80631, c/o CBEP Solar 13, LLC, P.O. Box 1255, Sterling, Colorado 80751, for a Site Specific Development Plan and Use by Special Review Permit, USR23-0021, 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 B of Recorded Exemption, RE-4137; being part of the S1/2 SW1/4 of Section 24, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was present, and represented by Zach Brammer, CBEP Solar 13, LLC, 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 Cc'.PL.(r?MNIKoI'► /DA)CF(KA),APR- Ara.REP. 2023-2838 PL2887 11/07/23 SPECIAL REVIEW PERMIT (USR23-0021) — DAVE WEINME STER, C/O CBEP SOLAR 13, LLC PAGE 2 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 responsible growth."The Solar Energy Facility (SEF) will provide construction jobs and energy to Weld County, which directly supports economic prosperity. The SEF, being a power-generating facility, will add variety, stability, and redundancy to the existing electrical grid. Traditional energy resources a'-e tied to commodity markets and can vary in demanc 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 wil experience minimal nuisance from the SEF,which is an unmanned energy development facility. There are four (4) residences that are less than 500 feet from the facility, and of those, two 12) are owned by the applicant. The applicant will either get a waiver from the nearby residence to the west or plant Rocky Mountain JJnipers 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 main,ain 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 extra:tion 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 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-B, or being more than five (5) acres, but less than 320 &ores, 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 2023-2838 PL2887 SPECIAL REVIEW PERMIT (USR23-0021) — DAVE WEINMEISTER, C/O CBEP SOLAR 13, LLC PAGE 3 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 infrastructure, generators, transmission lines, communications infrastructure, and other appurtenant structures and/or facilities." The SEF will encumber approximately 23.21 acres of a 74.29-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 oil and gas infrastructure, pasture, production agriculture and rural residences. The Department of Planning Services staff sent notice to eight (8) surrounding property owners who own the 14 adjacent properties within 500 feet of the proposed USR boundary. No written correspondence or telephone calls were received. There are 13 USRs within one(1) mile of the site. USR-1413 for a Paintball Facility, MUSR13-0004 for a Guest Farm and School, and SUP-457 for a 300-head dairy, are located to the north. 1 MUSR18-12-0074 for a Natural Gas Liquids Pump Station, USR18-0056 for a 20-inch HP Gas Line, USR11-0024 for a 12-inch HP Gas Line, USR-517 Agricultural Chemical Supply Company, and USR15-0052 fora Contractor's Shop, are located to the east. USR15-0063 for Oil and Gas Support and Service,MUSR13-0002 for a Natural Gas Processing Plant. USR18-0129 for a Compressor Station, USR19-0008 for a 24-inch HP Gas Line, and USR-1478 for a Contractors Shop, are located to the south of the site. 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. 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 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 2023-2838 PL2887 SPECIAL REVIEW PERMIT (USR23-0021) — DAVE WEINMEISTER, C/O CBEP SOLAR 13, LLC PAGE 4 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 designated as being in an Opportunity Zone, with 13 percent (13%) of the site holding this designation on the Weld County Comprehensive Plan and is located within the three (3) mile referral area for the Town of Kersey, Cities of Evans and Greeley and the Coordinated Planning Agreement area for the City of Evans and Town of Kersey. The Town of Kersey returned a referral response, dated June 13, 2023, which stated the property is within the Town of Kersey's planning area and requested annexation. Tne property owner and the applicant met with representatives from the Town of Kersey, Dn June 22, 2023, and relayed to Planning staff that anrexation would nct be pursued at this time. The Cities of Evans and Greeley returned referral responses, dated June 15, 2023, and May 25, 2023, respectively, stating they had reviewed the request and find no conflicts with their interests. The applicant was encouraged to contact the Town of Kersey, to discuss annexation. The site is within the Kersey Influence Area and defined as Undetermined Use. as delineated in the 2016 Kersey Comprehensive plan. Undetermined Use areas are located outside the Urban Growth Areas, and at this time, agriculture and agriculture-related businesses are the primary land use. It will be sometime before infrastructure can support urban-level development in these areas. Future land use will be determined in cooperation with the landowners, at the time of development. The City of Evans stated the property is outside their Future Land Use Plan, as delineated in the 2014 Comprehensive Plan. The City of Greeley stated the subject site is located outside of Greeley's Long Range Expected Growth Area (LREGA), the area in which the community anticipates annexation and urban development to occur in the future. 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 within the Airport Overlay District and outside of the Special Flood Hazard Area, 1-25 Overlay District, the 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 cemonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The facility will be located on Aquolls and Aquents, gravelly substratum, poorly drained, which are classified with a D rating, as well as Dacono clay loam, and Nunn clay loam,which are classified with a C rating, 2023-2838 PL2887 SPECIAL REVIEW PERMIT (USR23-0021) — DAVE WEINMEISTER, C/O CBEP SOLAR 13, LLC PAGE 5 per the soil report, dated October 8, 2021, from the Natural Resource Conservation Service Soil Survey. These loam soils 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 since the mid-1980s. The applicant indicated 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 and requested 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 23-2-230.6.7 — 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 the 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 Dave Weinmeister, c/o CBEP Solar 13, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR23-0021, 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 address the requirements of Xcel Energy a Public Service of Colorado Company, 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 acknowledge the advisory comments of Colorado Parks and Wildlife, as stated in the referral response. dated June 21, 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 Department of Oil and Gas Energy, 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. 2023-2838 PL2887 SPECIAL REVIEW PERMIT (USR23-0021) — DAVE WEINME STER, C/O CBEP SOLAR 13, LLC PAGE 6 D. The applicant shall submit to the Department of Planning Services any screen'.ng waivers from residents within 500 feet. If waivers are not obtained, opaque screen ng is required, per the accepted Landscape and Screening Plan. E. 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. 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 const-uction. G. A Fina Drainage Report and Certificatior 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 USR23-0021. 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 lapel 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. 2023-2838 PL2887 SPECIAL REVIEW PERMIT (USR23-0021) — DAVE WEINMEISTER, C/O CBEP SOLAR 13, LLC PAGE 7 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. 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 54 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. 12) County Road 47 is a paved 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. 13) The applicant shall show and label an approvable access point onto a County maintained road 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. Stormwater ponds should be 2023-2838 PL2887 SPECIAL REVIEW PERMIT (USR23-0021) — DAVE WEINMEiSTER, C/O CBEP SOLAR 13, LLC PAGE 8 labeled as "Stormwater Detention, No-Build cr Storage Area" and shall include the calculated volume. 15) 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 abDve, the applicant shall submit one (1) electronic copy (.pdf) of the map for preliminary aoproval 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 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. C. If more than one (1)acre is to be disturbed, a Weld Ccunty Grading Permit will be required. D. Prior to the release of Building Permits, the applicant shall be required to submit a complete access application for a preliminar ly approved" access location as shown on this plan. 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 prcperty, unti 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. 2023-2838 PL2887 SPECIAL REVIEW PERMIT (USR23-0021) — DAVE WEINMEISTER, C/O CBEP SOLAR 13, LLC PAGE 9 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of October, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d r�..�_,� I7�Qa (NAY) `'« Mi eman, C it Weld County Clerk to the Board �.G� (AYE) Perry, . k, Pro-Tem B /K • tt.) rJZ-- Deputy Clerk to the Board (AYE) . 1L '<. J es APP'�' O FORM: 404 I1 � (AYE) 1861 tt(D.111 r Ross r County Attorney ..f•ED 10 I ziu Date of signature: J 23 ?-"") 46* 2023-2838 PL2887 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS DAVE WEINMEISTER, C/O CBEP SOLAR 13, LLC USR23-0021 1. Site Specific Development Plan and Use by Special Review Permit, USR23-0021, 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 th'ee (3) years from the date of approval. If the site is not selected for being a participant ii 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 sol2.r 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 -he 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 setoack, a Landscaping Plan or Fencing Plan shall first be submitted to, and approved by, the Department of Planning Services, pe'Section 23-4-1030.C.3 of the Welc County Code, as amended. 9. Dust mitigation. The operators of the SEF shall continuous y emp oy 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 2023-2838 PL2887 DEVELOPMENT STANDARDS (USR23-0021)—DAVE WEINMEISTER. C/O CBEP SOLAR 13, LLC 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 high 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 the Weld County 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 Commissioner's order or Resolution, directing decommissioning and reclamation. 16. The site shall be maintained in accordance with the 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 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. 2023-2838 PL2887 DEVELOPMENT STANDARDS (USR23-0021)—DAVE WEINMEISTER, C/O CBEP SOLAR 13, LLC 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, ro 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 ii 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 wren 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 Con:rol 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-o commencement. 31. The property owner shall comply with all requirements provided in the executed Road Maintenance Agreement 32. Prior to the release of Building Permits, the applicant shall be required to submit a complete access appl cation for a "preliminarily approved' access location, as shown on this plan. 33. Weld County is not responsible for the maintenance of on-site drainage related features. 2023-2838 PL2887 DEVELOPMENT STANDARDS (USR23-0021)—DAVE WEINMEISTER, C/O CBEP SOLAR 13, LLC PAGE 4 34. The historical flow patterns and runoff amounts on the site will be maintained. 35. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 36. 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. 37. 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. 38. 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. 39. 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. 40. 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. 41. 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 2023-2838 PL2887 DEVELOPMENT STANDARDS (USR23-0021) —DAVE WEINME ISTER. C/O CBEP SOLAR 13, LLC PAGE 5 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. 42. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant m neral resources, including, but not imited 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 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 Df 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. 43. 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. 2023-2838 PL2887 Hello