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Home My WebLink About20253583 Resolution Approve Request to Extend Time to Record Map for Use by Special Review Permit, USR23-0031 — Louis and Gina Fabrizius, and Stanley and Carolyn Heinze, c/o CBEP Solar 32, 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 20th day of December, 2023, the Board of County Commissioners of Weld County, Colorado, approved the application of Louis and Gina Fabrizius, and Stanley and Carolyn Heinze, c/o CBEP Solar 32, LLC, for Use by Special Review Permit, USR23-0031, 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-3682; being part of the S1/2 of Section 16, 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 32, LLC, 4845 Pearl East Circle, Suite 118 #53242, Boulder, Colorado 80301, seeking an extension until January 1, 2027, to complete the Conditions of Approval and record the map for USR23-0031 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 January 1, 2027. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the request of CBEP Solar 32, LLC, for an extension of time to complete the Conditions of Approval and record the map for Use by Special Review Permit, USR23-0031, be, and hereby is, approved, with said.extension granted until January 1, 2027. Cc'.PL(DE/µNJbA/MW),F sR(.SG), 2025-3583 I PPL., APPL.REF. PL2894 0 t/29/2.6 Extend Time to Record Map for Use by Special Review Permit, USR23-0031 — Louis and Gina Fabrizius, and Stanley and Carolyn Heinze, c/o CBEP Solar 32, 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 S 14 Jason S. Maxey: Aye I i P ill Lynette Peppier: Aye � �` ®� Kevin D. Ross: Excused Approved as to Form: b ,,.®� Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 2025-3583 PL2894 4),2.6.10. ` = MEMORANDUM COUNTY TO: Board of County Commissioners DATE: December 29, 2025 FROM: Molly Wright, Department of Planning Services SUBJECT: USR23-0031 Extension request Cloudbreak Energy submitted an extension request for USR23-0031,The Lucerne project.The applicant is requesting an extension date of January 1, 2027. The extension request states: "The Lucerne project (USR23-0031) continues to be affected by long utility queue times and statewide updates to the utility's interconnection review process.This project remains on hold due to projects ahead in the queue,which has delayed the start of interconnection studies. These delays are outside our control and have slowed the release of study results that determine the final system size." USR23-0031 was approved by the Board of County Commissioners on October 18, 2023 for an approximately 44 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. 2025-3583 Extension Request ETA Department of Planning Services 1402 N. 17TH Avenue, P.O. Box 758, Greeley, CO 80632 COUNTY,CO www.weld.qov 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: Carolyn Heinze and Stanley Heinze Phone#:(970) 396-0914 Email:sehfarm@aol.com Street Address: 13497 County Road 80 City/State/Zip Code: Eaton, CO 80615 Applicant/Authorized Agent (Authorization Form must be included if there is an Authorized Agent) Name: CBEP Solar 32, 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: USR23-0031 Planner on case: Molly Wright Date case conditionally approved: 12/20/2023 Extension date requested: 01/01/2027 Number of Previous Extension Requests: None Reason for request We are awaiting completion of the interconnection studies being conducted by Xcel Energy. Type of extension (check one): Plat/map recording deadline extension V Construction commencement deadline extension Other I (We) acknowledge the County will charge an additional $50.00 for every three-month period beyond the original deadline to record the map or plat per the Fee Schedule in Appendix 5-J of the County code. A. 5..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 4845 PEARL EAST CIRCLE STE 118 #53242 BOULDER,CO 803J) tFtIItIrtttI 01(970)425-3501 DEVELOPMENT'aCLOUDBREAKENERGY.COM.COM CLOUDBREAK Lucerne Extension Request Letter The Lucerne project (USR23-0031) continues to be affected by long utility queue times and statewide updates to the utility's interconnection review process. This project remains on hold due to projects ahead in the queue, which has delayed the start of interconnection studies. These delays are outside our control and have slowed the release of study results that determine the final system size. Without these study results, we cannot complete the design. 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 as soon as these study results are issued. We are humbly requesting an extension to 01/01/2027, which aligns with the extended interconnection timeline and ensures we can finalize the design promptly once the study results are provided. 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. Submitting this extension request now helps avoid the need for amendments later and reduces administrative burden on county staff. 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 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 conununity solar subscription management or similar services upon receiving written confirmation the same have been included in underwriting for a project or projects; RESOLVED, that except as expressly provided herein, Alexander Shobe, also known as and can be referred to as Alec Shobe, is hereby individually authorized to sign and deliver agreements in the name of the Company and its subsidiaries under the title Partner which have been approved in writing by a supermajority of the Board of Managers related to the purchase and sale of assets, equity interests in subsidiaries, development related activities, and construction and construction related activities; RESOLVED, that none of these resolutions shall amend or modify Article 6 of the Operating Agreement; RESOLVED, that each of Alexander Shobe and Rebecca Gallery are authorized to take any and all action, to execute any and all documents, agreements and instruments and to take any and all steps deemed by their necessary or desirable to carry out the purpose and intent of each of the foregoing resolutions; RESOLVED, that in addition to the specific authorizations set forth in any of the foregoing resolutions, Alexander Shobe and Rebecca Gallery are authorized, empowered and directed for and on behalf of the Company to take from time to time any and all such actions and to execute and deliver from time to time any and all such amendments, instruments, requests, receipts, notes, applications, reports, certificates and other documents as they deem to be necessary, appropriate or desirable to effectuate, consummate, and comply with the purposes and intent of any of the foregoing resolutions; RESOLVED, that Rebecca Gallery is hereby appointed as Secretary until such time as a successor is named; RESOLVED, that any and all actions heretofore taken by Alexander Shobe and Rebecca Gallery in connection with the matters contemplated by the foregoing resolutions be, and they hereby are, approved, ratified and confirmed in all respects as if such had been presented to the Board for approval prior to such action or actions being taken; RESOLVED, that the actions taken by this written consent shall have the same force and effect as if taken by the undersigned at a meeting of the Board, duly called and constituted, pursuant to the laws of the State of Delaware; and RESOLVED, that this written consent may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute the same instrument. Counterparts may be delivered via facsimile, electronic mail (including PDF) or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes. [Signature Page Follows] 4843-9997-4895.1 J IN WITNESS WHEREOF, the undersigned has executed this Unanimous Written Consent of the Board of Managers as of the date first written above. MANAGERS: James Cleland Rebecca,gallery Rebecca Gallery A6_-_cate/e.2.,A. 3-'l46e, 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 5 Document created by Bobby Dishell(bobby@cloudbreakenergy.com) 2025-10-17-9:56:30 PM GMT II . Document emailed to James Cleland (james@cloudbreakenergy.com)for signature 2025-10-17-9:56:34 PM GMT C. 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 5 Email viewed by James Cleland (james@cloudbreakenergy.com) 2025-10-17-10:24:15 PM GMT A, 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 ao Document e-signed by Rebecca Gallery(becca@cloudbreakenergy.com) Signature Date:2025-10-17-10:32:18 PM GMT-Time Source:server 5 Email viewed by Alec Shobe(alec@cloudbreakenergy.com) 2025-10-18-3:14:56 PM GMT LA) Document e-signed by Alec Shobe(alec@cloudbreakenergy.com) Signature Date:2025-10-18-3:15:53 PM GMT-Time Source:server Ei Adobe Acrobat Sign O Agreement completed. 2025-10-18-3:15:53 PM GMT Q Adobe Acrobat Sign COPY] RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR23-0031, FOR A 5.7 MW SOLAR ENERGY FACILITY (SEF) IN THE A(AGRICULTURAL) ZONE DISTRICT — LOUIS AND GINA FABRIZIUS, AND STANLEY AND CAROLYN HEINZE, C/O CBEP SOLAR 32, 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 18th 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 Louis and Gina Fabrizius, and Stanley and Carolyn Heinze, 13497 County Road 80, Eaton, Colorado 80615, c/o CBEP Solar 32, LLC, P.O. Box 1255, Sterling, Colorado 80751, for a Site Specific Development Plan and Use by Special Review Permit, USR23-0031, for a 5.7 MW Solar Energy Facility (SEF) in the A(Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot B of Recorded Exemption, RE-3682; being part of the S1/2 of Section 16, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the Board heard all of the testimony and statements of those present and, having been fully informed, continued the matter to December 20, 2023, at 10:00 a.m., to allow the applicant adequate time to modify the request and provide additional information, and WHEREAS, on December 20, 2023, 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. 1) Section 22-2-10.0 states: "Promoting Economic Growth and Stability. Land use policies have a significant impact economic cc.PL(ER/1 Wc(7/1-iw)CA(10i)ASR(S6) 2023-3011 AWL.,A PPS.REP.' PL2894 oI/24/2 ( SPECIAL REVIEW PERMIT (USR23-0031) — LOUIS AND GINA FABRIZIUS, AND STANLEY AND CAROLYN HEINZE, C/O CBEP SOLAR 32, LLC PAGE 2 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 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 are tied to commodity markets and can vary in demand and output. The facility can complement and support the economy during times of fluctuating energy activity. 2) Section 22-2-30.0 states: "Harmonize development with surrounding land uses."The adjacent land wil experience minimal impacts from the SEF. The nearest residence is located more than 1,200 feet from the boundaries of the SEF. The proposed facility will be set back approximately 1,200 to 1.300 feet from the nearest road (State Highway 392). B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of the A(Agricultural)Zone District. 1) Section 23-3-10 — Intent, states: "Agriculture in the County is considered a valuable resource, which must be protected from adverse impacts resulting from uncontrolled and undirected business, industrial and residential land uses. The A (Agricultural) Zone District is established to maintain and promote agriculture as an essential feature of the County. The A(Agricultural)Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production, and for areas for natural resource extraction and energy development, without the interference of other, incompatible land uses." This Code Section supports the installation of the subject SEF, which is for energy development.The facility will provide power to be utilized by residences, businesses, and farming operations in Weld County. 2) Section 23-3-40.FF— Uses by Special Review, 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 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 2023-3011 PL2894 SPECIAL REVIEW PERMIT (USR23-0031) — LOUIS AND GINA FABRIZIUS, AND STANLEY AND CAROLYN HEINZE, C/O CBEP SOLAR 32, LLC PAGE 3 supply electricity and consists of one 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 44 acres and qualifies as an SEF USR. The USR facility will also include two (2) storage containers for construction and operation usage, being Accessory Uses, permitted by Section 23-3-30.B of the Weld County Code. The applicant is also proposing a temporary construction trailer. office during construction. Per Section 23-4-190 of the Weld County Code: "a Zoning Permit shall not be required for a manufactured structure in the A (Agricultural) Zone District if such structure is already shown on an approved and recorded Use by Special Review map." C. Section 23-2-230.B.3—The uses which will be permitted will be compatible with the existing surrounding land uses. The adjacent lands consist of pastures, crops, and rural residences. The closest residence is approximately 1,200 feet to the southwest of the proposed SEF. The proposed SEF is located on the northern half of the property, approximately 1,300 feet from Highway 392. There are two (2) USRs within one (1) mile of the site: MUSR13-0060, for a Landscaping Business and Oil and Gas Support Business (Crude Oil Hauling), and SUP-120. for a Feedlot for up to 1,800 cattle. The Weld County Department of Planning Services sent notice to seven (7) surrounding property owners. One (1) response letter was received that expressed concerns in removing productive farm ground, and stated that other, more non-productive, farmland would be more appropriate. A neighborhood meeting was held on Monday, August 8, 2023. Two (2) neighboring property owners attended the meeting, and a summary of the meeting discussions was provided to Planning Staff. Concerns were raised regarding removing prime farm ground for a SEF. Other discussion items included the fencing of the facility. the nature of the Xcel Community Solar Program, glare and heat associated with the panels, how weather damage (such as hail) is addressed. and ongoing maintenance of the facility The proposed SEF is located on approximately 50% of the property and is setback from State Highway 392. The applicant has stated, in writing, that they have had to rent water to have enough for agricultural purposes on this property and that allocating a portion of this land to solar development will allow them to better allocate water to remaining agricultural holdings that the applicant owns. 2023-3011 PL2894 SPECIAL REVIEW PERMIT (USR23-0031) — LOUIS AND GINA FABRIZIUS, AND STANLEY AND CAROLYN HEINZE, C/O CBEP SOLAR 32, LLC PAGE 4 Based on the referral agency responses and the location of the site, the SEF is in an area that can support this development. The proposed Conditions of Approval and Development Standards will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land 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 site is not located within a Coordinated Planning Agreement area. The site is located within the three (3) mile referral areas of the Town of Eaton and the City of Greeley. The City of Greeley stated no conflicts with their interests in the referral response received August 8, 2023. The property is located in (at the southern end)the Urban Growth Area for the Town of Eaton, per the Town of Eaton Comprehensive Plan. The Town of Eaton, in the referral response, dated September 22, 2023, stated they were in opposition to this development due to its location and potential impact to the future growth and development of the Town of Eaton. This development could remove valuable rea estate that could otherwise become commercial or residential, dissuade development of the surrounding properties, and negatively impact surrounding uses and property values. The Town of Eaton's municipal limits are located approximately two (2)miles to the north. Future land uses are not identified in the Urban Growth Boundary for this location. The property is located outside of the Greeley Long Range Expected Growth Boundary. E. Section 23-2-230.B.5 — The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The prcperty is not located within the 1-25 Overlay District, Geologic Hazard Overlay District. MS4 - Municipal Separate Storm Sewer System area, Historic Townsites Overlay District, or Agricultural Heritage Overlay District. A small portion of the property is located within the Sand Creek floodplain; however, the proposed SEF location is outside of the floodplain boundaries. In the event any development occurs within the floodplain a Flood Hazard Permit will be required. A portion of the property is located within the Airport Overlay District, but no referral response was received from the Greeley-Weld Airport facility. 2023-3011 PL2894 SPECIAL REVIEW PERMIT (USR23-0031) — LOUIS AND GINA FABRIZIUS, AND STANLEY AND CAROLYN HEINZE, C/O CBEP SOLAR 32, LLC PAGE 5 Building Permits issued on the lot will be required to adhere to the fee structure of the County-Wide Road Impact Fee, County Facility Fee, and Drainage Impact Fee Programs. F. Section 23-2-230.B.6—The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The Natural Resources Conservation Services (NRCS) Soil Survey indicates 92.5% of the property consists of (0-1% slope) Ascalon loam and 2% of the site consists of(0-1% slope) Haverson loam. The proposed solar facility would be located on these soils. Both soil types are classified as "Prime if Irrigated". The property owner provided an affidavit stating that the property has had to rent water to have enough for agricultural purposes and that the solar array will allow the property owner to redistribute water to support their remaining agricultural land. The applicant proposes to plant a native seed mixture on the property and to utilize grazing sheep to maintain the height of vegetation at 18-22 inches. G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code). Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood 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 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 Louis and Gina Fabrizius, and Stanley and Carolyn Heinze, c/o CBEP Solar 32, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR23-0031, for a 5.7 MW Solar Energy Facility (SEF) in the A (Agricultural) Zone District, on the parcel of land described above, be, and hereby is, granted subject to the following conditions: 1. Prior to recording the map: A. The applicant shall acknowledge the requirements of the Weld County Department of Building Inspection, as stated in the referral response,dated July 14, 2023. Written evidence of such shall be submitted to the Weld County Department of Planning Services. B. The applicant shall acknowledge the requirements of the Eaton Fire Protection District, as stated in the referral response, dated July 24, 2023. 2023-3011 PL2894 SPECIAL REVIEW PERMIT (USR23-0031) — LOUIS AND GINA FABRIZIUS, AND STANLEY AND CAROLYN HEINZE, C/O CBEP SOLAR 32, LLC PAGE 6 Writter evidence of such shall be providec to the Department of Planning Services. C. The applicant shall acknowledge the comments of the Weld County Department of Oil and Gas Energy (OGED), as stated in the referral response, dated July 25, 2023. Written evidence of such shall be provided to the Department of Planning Services. D. The applicant shall address the recommerdations of Colorado Parks and Wildlife, as stated in the referral response. dated August 31, 2023. E. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR23-0031. 2) The attached Development Standards. 3) The map shall be prepared in accordarce with Section 23-2-260.D of the Weld County Code. 4) The applicant shall show and label the Colorado Department of Transportation (CDOT) access point onto State Highway 392 and the right-of-way on the map, along with the documents creating the right-of-way. 5) The applicant shall show and label the drainage flow arrows. 6) The applicant shall show and label the required setbacks, in accordance with Section 23-4-1030 C.3 of the Weld County Code. 7) 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 m scellaneous improvements, as applicable, Clearly indicate which items are temporary for use during construction and which items are permanent. 8) 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. 9) 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. 2023-3011 PL2894 SPECIAL REVIEW PERMIT (USR23-0031) — LOUIS AND GINA FABRIZIUS, AND STANLEY AND CAROLYN HEINZE, C/O CBEP SOLAR 32, LLC PAGE 7 10) Trash collection areas, if applicable. Section 23-2-240.A.13 of the Weld County Code addresses the issue of trash collection areas. 11) Planned oil and gas surface development areas, corridors, access roadways, etc., as part of any executed Surface Use Agreement, if applicable. 12) 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. 13) The applicant shall show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study. 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. If more than one(1)acre is to be disturbed, a Weld County Grading Permit will be required. B. If there is any disturbance/construction in the floodplain a Floodplain Development Permit is required. C. 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. 2023-3011 PL2894 SPECIAL REVIEW PERMIT (USR23-0031) - LOUIS AND GINA FABRIZIUS, AND STANLEY AND CAROLYN HEINZE, C/O CBEP SOLAR 32, LLC PAGE 8 5. The Use by Special Review is not perfected until the Conditions of Approval are completed and the map is recorded.Activity shall rot occur, nor shall any Building or Electrical Permits be issued cn the property, until the Use by Special Review map 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of December. A.D., 2023. BOARD OF COUNTY COMMISSIONERS WEELD�COUNTY, COLORADO ATTEST: U U("-0•� 1-9 -/- ) V J k+;e4. Mike an, Chair Weld County Clerk to the Board BY •li)OVVUJI L Perry . Buc rc Tem Deputy Clerk to the Board 11 q �, 4\ James AP VE• • • F•-M: 461 �� `l �4' 4 Ross - mai -.le County • torney i r. Date of signature: I'24 ( z 4 \' mpg w ` ```ine O. 2023-3011 PL2894 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS LOUIS AND GINA FABRIZIUS, AND STANLEY AND CAROLYN HEINZE, CIO CBEP SOLAR 32, LLC USR23-0031 1. Site Specific Development Plan and Use by Special Review Permit, USR23-0031, is for a 5.7 MW Solar Energy Facility (SEF) in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right, pursuant to Section 23-8-10 of the Weld County Code. 3. The Use by Special Review Permit shall be valid for three (3) years from the date of approval. If the site is not selected for being a participant in any community solar program the permit shall expire on the anniversary date of Board of County Commissioners approval. 4. Any future structures or uses onsite must obtain the appropriate Zoning and Building Permits. 5. The facility is unmanned and will operate year-round. Limited maintenance personnel may visit the site, once operational. 6. Height limitation. Ground-mounted solar collectors shall not exceed 25 feet in height, measured from the highest natural grade below each solar panel, to the highest extent of the solar panel rotation. 7. Glare. The SEF shall be placed so that concentrated solar glare from its solar collectors will not be directed toward, or onto, nearby properties or roadways at any time of the day. 8. Setbacks. The Improved Area of the SEF shall conform to the setback requirements of the underlying zone. Additionally, the improved area must be at least 500 feet from existing residential buildings and residential lots of a platted subdivision or planned unit development. The residential setback requirement may be reduced if appropriate screening, through landscape, or an opaque fence, is installed, or upon submittal to Weld County of a waiver or informed consent signed by the residence owner agreeing to the lesser setback. If landscaping or opaque fencing is substituted for setback, a Landscaping Plan or Fencing Plan shall first be submitted to, and approved by, the Department of Planning Services, per Section 23-4-1030.C.3 of the Weld County Code, as amended. 9. Dust mitigation. The operators of the SEF shall continuously employ the practices for control of fugitive dust, detailed in the 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 2023-3011 PL2894 DEVELOPMENT STANDARDS (USR23-0031) — LOUIS AND GINA FABRIZIUS, AND STANLEY AND CAROLYN HEINZE, C/O CBEP SOLAR 32, 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 accented, 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. 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. 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' Jrder or resolution directing decommissioning and reclamation. 15. The site shall be maintained in accordance with the accepted Property Maintenance Plan. 16. All signs shall adhere to Chapter 23, Article IV, and Division 2 of the Weld County Code. 17. 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 the 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. 18. 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. 19. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off-site tracking. 20. The historical flow patterns and runoff amounts on the site will be maintained. 21. 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. 2023-3011 PL2894 DEVELOPMENT STANDARDS (USR23-0031) — LOUIS AND GINA FABRIZIUS, AND STANLEY AND CAROLYN HEINZE, C/O CBEP SOLAR 32, LLC PAGE 3 22. During construction, no permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5. 23. 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. 24. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction and operation of the facility. 25. 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. 26. The facility shall comply with the Air Pollution Emission Notice (APEN) permit requirements, as stipulated by the Air Pollution Control Division of the Colorado Department of Public Health and Environment, as applicable. 27. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone, as delineated in C.R.S. §25-12-103. 28. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 29. Floodplain or floodway, as delineated on Federal Emergency Management Agency (FEMA)FIRM Community Panel Map#08123C-1535E.. effective date of January 20, 2016 (Sand Creek Floodplain). Any development shall comply with all applicable Weld County requirements, Colorado Water Conservation Board requirements, as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and requirements, as described in 44 CFR parts 59, 60, and 65. The FEMA definition of development is any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and materials. 30. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any development activities. the owner should contact Weld County to determine if the floodplain boundaries have been modified. 31. Lighting shall be maintained in accordance with the approved Lighting Plan. 32. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in accordance with the map. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or 2023-3011 PL2894 DEVELOPMENT STANDARDS (USR23-0031) — LOUIS AND GINA FABRIZIUS, AND STANLEY AND CAROLYN HEINZE, C/O CBEP SOLAR 32, LLC PAGE 4 private streets. No colored lights may be used, which may be confused with, or construed as, traffic control devices. 33. Building Permits may be required for any new construction, set up of manufactured structures, or change of use of existing buildings, per Section 29-3-10 of the Weld County Code. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently, the -rollowing has been adopted by Weld County: 2018 International Building Codes, 2018 International Energy Code, 2020 National Electrical Code, and Chapter 29 of the Weld County Code. A Building Permit application must be completed and two(2)complete sets cf engineered plans, bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report. per'ormed by a Colorado registered engineer, or an Open Hole Inspection shall be required.A Building Permit must be issued prior to the start of construction. 34. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Facility Fee, County-Wide Road Impact Fee. and Drainage Impact Fee Programs. 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. All buildings shall comply with the setback from oil and gas wells, per Section 23-4-700, of the Weld County Code. as amended. 37. 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 carr ed out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 38. 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 o- Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 39. 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. 40. Construction or use pursuant to approval of a Use by Soecial Review Permit shall be commenced within three (3) years from the date of Board of County Commissioners signed Resolution, unless otherwise specified by the Board of County Commissioners 2023-3011 PL2894 DEVELOPMENT STANDARDS (USR23-0031) — LOUIS AND GINA FABRIZIUS, AND STANLEY AND CAROLYN HEINZE, C/O CBEP SOLAR 32, LLC PAGE 5 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. 41. 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. 42. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital resources because(a)the state's commercial mineral deposits are essential to the state's economy; (b)the populous counties of the state face a critical shortage of such deposits; and (c)such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and people moving into these areas must recognize the various impacts associated with this development. Oftentimes, 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. 2023-3011 PL2894 Hello