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Home My WebLink About20232879.tiffEXHIBIT INVENTORY CONTROL SHEET CASE USR23-0023 - THOMAS AND MARJORIE BROWN, C/O CBEP SOLAR 27, LLC Tyler Exhibit Submitted By l,,# Description Planning A. Commission Resolution of Recommendation Planning B. Commission Summary of Hearing (Minutes dated 9/5/2023) C. Planning Services 2 PowerPoint Presentation Authorization form for SPOs Gary and Susan Alles, allowing the law firm of Hamre, Rodriguez, Ostrander and Prescott to represent them at the hearing D. Planning Services 29 (received 10/3/2023) Letter from applicant, in lieu of their presence at the E. Planning Services 30 hearing (received 10/4/2023) Hamre, Rodriguez, Ostrander and F. Prescott, P.C. G. Applicant Draft terms of Good Neighbor Agreement H. Applicant 154 (received 10/5/2023) Documents supporting their presentation at the hearing 31 (received 10/4/2023) 126 PowerPoint Presentation (received 10/4/2023) I. Applicant Staff memo and applicant email requesting a continuance from 1/17/2023 to 1/24/2024 J. Planning Services 159 (received 1/17/2024) Staff memo, Good Neighbor Agreement, and Crossing K. Planning Services 161 Agreement (received 1/30/2024) Staff memo and applicant email requesting a continuance from 12/6/2023 to 1/17/2024 155 (received 12/1/2023) L. M. N. O. P. Q. R. V. 2023-2879 USR23 0023 Applicant: Thomas and Marjorie Brown, c/o CBEP Solar 27, LLC Planner: Kim Ogle Request: A Site Specific Development Plan and Use by Special Review Permit for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Legal Description: S1/2 SEI/4 of Section 23, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado. Location: North of and adjacent to County Road 54; west of and adjacent to County Road 47. 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FAC. r - Fr 1MU SR:10-12-0074 U SRI1:0024 NON.10411 MAJOR FAC. >101i P'IP'E. 5A tint r --.r MU ,AND GA.S SUPPORT FACILITY i se cb U I Ian I1 I 1� J f // II 1 I (8O') 30' Row AND SO' TEMP WORKSPACE REC 'N 0.4478509 airUI ....milmoplijkiesiel !— (// EX. PIPELINE EASEMENT FOR DITCH CROSSING REC NO. 019812/3 AND NO. 020 /8415 NORTHERN POINT OF WEST LINE OF EX IRRIGATION DITCH LATERAL AND ROAD EASEMENT REC NO. 02095887 SDel 7- 30' PERM EASEMENT AND APPROX LOCATION OF TEMP WORKSPACE AND RECEIVER SITE REC NO. 4274790 as 7 - -- I II II II LJ ra M - EX. 18° CORRUGATED PIPE EX. HOUSE nfrif- DC FIELD ROAD EX. BURIED PIPELINE (APPROX LOCATION) EX. 24" CORRUGATED PIPE N EX. 48" RCP PIPE i— POSSIBLE OVERLAP BETWEEN RE -3128 AND RECX 19-0013 C x x Pm - SOUTH EDGE OF EX. CONCRETE WALL EX. FIELD ROAD Ill S It t 1 I a a 109 mit r a Amin 212' EX. SIGN (TYP.) 6 EX. HOUSE EX_ 12" CORRUGATED PIPE EX. SWALE ir 00000 00: EX. BUR ED PIPELINE (APPROX LOCATION) S • If A 9 w IMF 88 p 2 11 I - EX, OVERHEAD ELECTRIC LINE , X • 'Mr Ipor E.. C}JERHEAD ELECTRIC LINE solL nnnri DCSV.ALE EX_ 24" CMP PIPE II II II II II EX. ELECTRIC BOX (TYP. - U II II II II II II u EX. GUY WIRE (TYP. - EX. 4' CONCRETE CHANNEL EX. SCALE - ,� X 11/4 �e_ WELD COUNTY ROAD 54 - I60' ROW BK 86, PG 273 EX. EDGE OF ASPHALT EX. BURIED PIPELINE (A PPROX LOCATION) x A 0 et O re ID 10 „la 2 EX. METAL PIPE BRIDGE EX. DRAINAGE STRUCTURE (3) EX. 24" CORRUGATED PIPE EX. EDGE OF ASPHALT 60' ROW BK 86, PG 273 EX_ UTILITY POLE (TYP.) EX. FIBER OPTIC 6' WELL/DITCH EASEMENT REC. NO. 2768041 9' WELL/DITCH EASEMENT REC. NO, 4246896 APPROX LOCATION OF PROP. PIPELINE PER REC NO. 2012585 -1 3 EX. HOUSE EX. ABOVE GROUND GAS PIPELINES - 1 EX WATER IL EX_ FIBER OPTIC BOX (TYP.) EX HOUSE EX CONCRETE CHANNEL 4 25' ACCESS EASEMENT REC NO. 3322296 EX. ABOVE GROUND GAS PIPELINES EL WATER METER 150 75 0 150 300 SCALE = 150' ■I WELD COUNTY, CO WELD COUNTY, CO , - i . s 'I, ', -s....: •a 'kY -Ts- — �� t• i y 4- • 'L\ I e • r Z b 1• a 0. - N ?us. 4 —. View looking west across Brown Farm from County Road 47 v. • L_. a ate + 1 • , Y— ■I WELD COUNTY, CO %.• WELD COUNTY, CO iew looking west from County Road 47 ■I WELD COUNTY, CO WELD COUNTY, CO WELD COUNTY, CO iew looking north from County Road 47 to adjacent property owne WELD COUNTY, CO =11:1.8 6 WELD COUNTY, CO iew looking west across Brown Farm from County Road 47 at north property lin WELD COUNTY, CO a •a w f a • j'� . i - �1-' . —T. • p t • a _ View looking west across Brown Farm from County Road 47 at north property line l R • 1 w -- •4 • r sd • WELD COUNTY, CO View looking southwest across Brown Farm from County Road 47 at north property line WELD COUNTY, CO View looking west across Brown Farm from County Road 47 at north property line WELD COUNTY, CO • �._ . fr'- - _- �I.- • � '�►'��' li� '•'�'. �7 �i.. awlC'JgA..� - ��-Q' il'C.\�►i.� 'P 1 y, -,.-a r.l it 17 �' - �7Y�.C1�• .�-�� Z ""� "�.\-9[7�4_<<!ek...,,i�� View lookingnorth across Brown Farm from CountyRoad 54 at northpropertyline.-: S 1taf.%tn. „Jett 74:\ittk: trifiere _ YAf'%i# I,�f�� _Oa vi � Vt. i �1 titill1111111I I yiiiiVvekrtTirtift.�j.aWt�Il�`� i 4i_ 4‘it:44Aft‘k \tV N WELD COUNTY, CO View looking east across County Road 47 at Weinmeister Farm WELD COUNTY, CO • • A �`e �- T - �zz,,• �-1iyti`il • � >; _View looking east frcr County Road 54 J' .-•$try r iF J•[r ij �.-�'_ !S�� [. 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BUR ED PIPELINE (APPROX LOCATION) S • If A 9 w IMF 88 p 2 11 I - EX, OVERHEAD ELECTRIC LINE , X • 'Mr Ipor E.. C}JERHEAD ELECTRIC LINE solL nnnri DCSV.ALE EX_ 24" CMP PIPE II II II II II EX. ELECTRIC BOX (TYP. - U II II II II II II u EX. GUY WIRE (TYP. - EX. 4' CONCRETE CHANNEL EX. SCALE - ,� X 11/4 �e_ WELD COUNTY ROAD 54 - I60' ROW BK 86, PG 273 EX. EDGE OF ASPHALT EX. BURIED PIPELINE (A PPROX LOCATION) x A 0 et O re ID 10 „la 2 EX. METAL PIPE BRIDGE EX. DRAINAGE STRUCTURE (3) EX. 24" CORRUGATED PIPE EX. EDGE OF ASPHALT 60' ROW BK 86, PG 273 EX_ UTILITY POLE (TYP.) EX. FIBER OPTIC 6' WELL/DITCH EASEMENT REC. NO. 2768041 9' WELL/DITCH EASEMENT REC. NO, 4246896 APPROX LOCATION OF PROP. PIPELINE PER REC NO. 2012585 -1 3 EX. HOUSE EX. ABOVE GROUND GAS PIPELINES - 1 EX WATER IL EX_ FIBER OPTIC BOX (TYP.) EX HOUSE EX CONCRETE CHANNEL 4 25' ACCESS EASEMENT REC NO. 3322296 EX. ABOVE GROUND GAS PIPELINES EL WATER METER 150 75 0 150 300 SCALE = 150' ce U • U SR -704\ L-.C:O. 140 HEARS_ • fJ • ---.. U SR -1410 PAINT BALL PARK WCR 54.5 • • • • • U5R194012 MIN ERA L RESOURCE 0EV. FAC. 1 • U, ■ ce 0 1 7- 41 1 f 1 1 1 1 1 USR23-0023 CBE.P 27 LLC t' .•.fi. t • t, '. •. s ••t . •tsCes*''''Lt•:}''' Lt.''•t •:;lr{,t'jh••Y} er.: \. ,INI' r ,,,>, lz. %% 'y,.,h•{: t. s. &N .ki \.;:;ti,., . tit 5 ': L t t L t 'LcL•��'�Y'. •., .}.,•t , ...,:::: •s •tstti��{.'4: t'• }rr. � �k"{ t5 r{. t�L,;. fisti:tt 'tk��':t •. I•''i.1'� . t t{•�, tti5'tr''•'Lst Y•'•..},ti { • ti,:tt•./� i ti•S, •.}� . Y. J s•r• ''fit'. • "7Att s• V .;: '• •Y':t •. tY,.c'•,.. •{ti s'ti svy } 'S:tit. 4:'t'h. s:4 s s tt.•� h: { tt;'�'•S,t:, r.•r't•��rv't,L. •ryy'•�'•t�tt,';5{,r•� .; �v.'ti =s v't . '4'�.�'.,tit •. v it1'tt tl ';5'M1h i'h't t "%,:'.','7'•'s •1 t'' • tt't �•} ti•'�4;'b• U.- \Vsstitt s't .;.t Y.; i:'•�'k'•hti'L,rt�'•t.t. 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FAC. r - Fr 1MU SR:10-12-0074 U SRI1:0024 NON.10411 MAJOR FAC. >101i P'IP'E. 5A tint r --.r MU ,AND GA.S SUPPORT FACILITY i se cb U I End fU 023 Own Signature i. (We), Gary and Susan Altos (Owner - please print) DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1402 NORTH 17TH AVENUE PO BOX 758 GREELEY, CO 80632 AUTHORIZATION FORM , give permission to Hamra, Rodriguez, Ostrander 8 Prescott PC (Authorized Agent/Applicant—please print) to apply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the property located at (address or parcel number) below: to represent us in opposition to USR23-0023 Legal Description: of Section , Township N, Range W Subdivision Name: Property Owners Information: Address: Phone: Lot Block a‘ 2 R5- WC R 9k e eLF. d&. a o- 3 Xro S . %2 E-mail: Man! as- r'r Authorized Agent/Applicant Contact Information: Address: 188 Inverness drive West, Suite 430, Englewood, CO 80237 Phone: 303 779 0200 E -Mail: sprescott@hroplaw.com Correspondence to be sent to: Owner Authorized Agent/Applicant Additional Info: by: Mail Email I (We) hereby certify, under penalty of perjury and after carefully reading document, that the information stated above is true and correct to the best the yentireu) knowle g this of my (our) knowledge, Date0-'2-02© 3 Subscribed and sworn to before me this uS My commission expires stf Owner Signature day of Ceolt.‘ P J. 2aZS CAMERON GOMEZ NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20054019394 MY COMMISSION EXPIRES MAY 16, 2025 Notary Public Date - OD3 , 20 ( by EXHIBIT September 4, 2023 To whom it may concern: We are submitting a written letter for the commission and leaders reviewing the proposal being presented for solar power opportunities within our property lines located on County Road 54. We were presented with this opportunity by Cloudbreak Energy to convert a portion of our land to solar panels. Our farm section was once a means to support our family. For many years now we have been leasing our farm ground to be worked as our lives have changed. When Cloudbreak approached us about this project we felt it best to accept their proposal and allow the lease of a portion of our section to be placed into solar panels. This will allow us to balance off the decrease in income from renting out our land but keep a large portion to still be farmed. The residual return from the Solar lease provides us with more consistent income each year. We also understand the positive things that renewable energy can provide. Cloudbreak Energy has been supportive, informative and has helped us understand each step along the way. We feel fortunate that we did go with them as we were approached by other companies prior to our agreement. We want to thank you for your consideration for this project and all the next steps. Regards, Thomas D Brown it `kt tArix 47, it Marjorie Brown 7/2atailAW 06Aut-o .D .0 S vs2a - ooa3 Jessica Reid EXHIBIT From: Sent: To: Cc: Subject: Kim Ogle Wednesday, October 4, 2023 6:40 AM Jessica Reid CTB FW: USR23-0023 Gary Alles Hearing • Mr. Alles. adjacent property owner to the north is represented by Steven Prescott with HAMRE, RODRIGUEZ, OSTRANDER & PRESCOTT, P.C., Attorneys Mr. Prescott has requested on behalf of his client that the following documents be added to the case file. The link is attached. Thank you. Kim From: Jody Fournier <jfournier@hroplaw.com> Sent: Tuesday, October 3, 2023 4:54 PM To: Kim Ogle <kogle@weld.gov> Cc: Emily N. Ostrander <eostrander@hroplaw.com>; Steven Louis -Prescott <sprescott@hroplaw.com> Subject: USR23-0023 Gary Alles Hearing Caution. This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon Kim, Below is a link to the documents Steven referenced below, along with our Hearing Statement. https://personal.filesanywhere.com/fs/v.aspx?v=8e6e678d5b67737ab298 Thank you. F1AsikE, Romint'I-f, Os 1 RANDI:R & Pla sto-rr, P.C. Jody Fournier, Paralegal HAMRE, RODRIGUEZ. OSTRANDER & PRESCOTT. P.C. 188 Inverness Drive West. Suite 430 Englewood, Colorado 80112-5204 (303) 779-0200 'fournier(a�hroplaw.com CONFIDENTIALITY NOTICE: This electronic mail message and any attachments may be confidential and/or subject to the attorney -client privilege and other privileges. This message is intended only for use by the person(s) or entity named above. If you are not the intended recipient(s) or a representative of the intended recipient(s), then you are PROHIBITED from disclosing, copying, using, or disseminating any information in this message or its attachments. If you have received this electronic message in error, please immediately contact Lori Argo at (303) 779-0200 or by email at mail(c�hroplaw.com, and destroy all electronic and hard copies of this message From: Steven Louis -Prescott <sprescott@hroplaw.com> Sent: Tuesday, October 3, 2023 4:35 PM To: Kim Ogle <kogle@weld.gov> 1 Cc: Emily N. Ostrander <eostrander@hroplaw.com>; Jody Fournier <jfournier@hroplaw.com> Subject: RE: Representation of Alles at Commission hearing Kim, Jody is going to send the Alles Hearing Statement and exhibits in a sharelink file shortly, as the materials are too large to attach to this email. We ask that they be included in the USR23-0023 file and contained as part of the record for the hearing tomorrow. You should received the sharelink shortly. Thank you, Steven From: Kim Ogle <kogle@weld.gov> Sent: Thursday, September 28, 2023 5:02 PM To: Steven Louis -Prescott <sprescott@hroplaw.com> Cc: Emily N. Ostrander <eostrander@hroplaw.com> Subject: RE: Representation of Alles at Commission hearing External Email Steven The Authorization form link is https://www.weld.gov/files/sharedassets/public/v/4/departments/planning-and-zoning/documents/land-use- applications/authorization-form-fillable.pdf Thank you, see you and Emily on Wednesday October 5, 2023 10:00 AM in the Commissioners Hearing Room 1150 County Road 64 ("O" Street) Kim Kim Ogle Principal Planner Weld County Planning Services 1402 N. 17th Avenue I Greeley 970.400.6100 Office 970.400.3549 Direct kogle@weld.gov Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Steven Louis -Prescott <sprescott@hroplaw.com> Sent: Thursday, September 21, 2023 12:49 PM To: Kim Ogle <kogle@weld.gov> Cc: Emily N. Ostrander <eostrander@hroplaw.com> Subject: Representation of Alles at Commission hearing 2 1 itttinn This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hey Kim, I appreciated you informing me that we need to fill out a form to represent the Alles at the County Commission hearing re: the solar farm on adjacent property. Can you direct me to or send over the form for us to complete? Thank you, Steven Please note our firm name, email addresses and physical address have changed: HAMRE, RODRIGUEZ, OSTRANDER & PRESCOTT, P.C. Steven Louis -Prescott 188 Inverness Drive West, Suite 430 Englewood, CO 80112 (303) 779-0200 sprescott@hroplaw.com BEST LAW FIRMS biA Please consider the environment before printing this e-mail CONFIDENTIALITY NOTICE: This electronic mail message and any attachments may be confidential and/or subject to the attorney -client privilege and other privileges. This message is intended only for use by the person(s) or entity named above. If you are not the intended recipient(s) or a representative of the intended recipient(s), then you are PROHIBITED from disclosing, copying, using, or disseminating any information in this message or its attachments. If you have received this electronic message in error. please call (303) 779-0200 or email mail@hrodlaw.com and destroy all electronic and hard copies of this message. 3 a S a e • • - - - - - - - - -7 . MI VIVO . - w _ IMO_ - _ a) . -v . ....•;._ ..•..... W.! WELD COUNTY Solar Development/Alles Property P ' 1 of 1 ONLINE iiiiiir. MAT'T'ING; r' 4 �. ti r sr _. .1 _ 4 — , ta 'yr1 Derive ' tt .r�_-. C.. -'�'- _ s9: �_see —r. _.t- - .. - — w �� • -" - Legend � - Parcels } W C 1 5 1O L ,__.._.. 1. � 1 i F litII) ler _� ., 1 � � w r L) cr ``jj r 11;,Y �� y1 1a lik salt.1 . s..44 { Db isiss. i 1 ._ .� G R 5 ' _ ` 21-1 _. I —n E . o — .t i ' L 1 . I . i • -�* ,►'�� ,1 ` 1: 11,7680-r" Notes 1,961.4 0 980.70 1,961.4 Feet This map is a user generated static output from an Internet mapping site and is for 5N -65W -Sec 23 SE reference only. Data layers that appear on this map may or may not be accurate, WGS_1984_Web_Mercator_Auxiliary_Sphere current, or otherwise reliable. c: Weld County Colorado THIS MAP IS NOT TO BE USED FOR NAVIGATION Exhibit B to Hearing Statement Page 1 of 3 Sec. 23-4-1030. Solar energy facility A The staff, Planning Commission and Board of County Commissioners shall consider the following criteria in making their determination in approving or denying a permit for a Solar Energy Facility (SEF) addition to those criteria enumerated in Chapter 23, Article II, Division 4 B Submittal Requirements and Standards The following submittals and standards are required 1 Surface Drainage Analysis At the time of SEF application submittal, a preliminary drainage report shall be provided for review by the Weld County Department of Public Works pursuant to the requirements of Chapter 8, Article XI of this Code Prior to applying for a Grading Permit, a final drainage report stamped and signed by a Professional Engineer registered in the State of Colorado is required Soils shall be planted to and maintained in perennial vegetation to prevent erosion, manage runoff and build soil 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) 2 Dust and Weed Mitigation Plan The Dust Mitigation Plan shall be provided at the time of SEF application submittal, which includes a description of those methods by which dust emanating from the proposed SEF and the weeds growing upon the Impacted Area will be mitigated 3 Floodplain Mapping On the map of the base area, or another appropriate map, indicate any floodplain associated with the proposal Documentation of the historical flooding activity should be included Detail potential, adverse impacts related to the associated floodplain (Note If the SEF location is located within a Special Flood Hazard Area identified by maps officially adopted by Weld County, a Flood Hazard Development Permit (FHDP) is required prior to a building permit The FHDP is issued by the Weld County Department of Planning Services pursuant to Article XI of this Chapter ) 4 A Decommissioning/Reclamation Plan A Decommissioning/Reclamation Plan shall be provided at the time of SEF application submittal which will be signed by the party responsible for decommissioning and the landowner (if different), addressing the following Decommissioning/reclamation shall commence within twelve (12) months after power production has permanently ceased and be completed within twelve (12) months from the start date of the decommissioning/reclamation work b All non -utility owned equipment, conduits, structures, fencing, and foundations to a depth of at least three (3) feet below grade shall be removed All fences, graveled areas and access roads shall be removed unless landowner agreement to retain is presented, in writing, in which the property owner agrees for this to remain d Property shall be restored to a condition reasonably similar to its condition prior to development of the SEF e The developer or owner of the SEF is responsible for the decommissioning f Decommissioning/reclamation cost estimates, which shall be updated every five (5) years from the establishment and submittal of the Security, shall include all costs associated with the dismantlement, recycling, and safe disposal of facility components and site reclamation activities, including the following elements i All labor, equipment, transportation, and disposal costs associated with the removal of all facility components from the facility site, (Supp No 84) Page 1 of 3 Created 2023-08-21 16 34 07 [EST] Exhabot i3 to Hearing Statement Page 2 of 3 All costs associated with full reclamation of the facility site, including removal of non-native soils, fences, and constructed access roads, All costs associated with reclamation of any primary agricultural soils at the facility site to ensure each area of direct impact shall be materially similar to the condition it was before construction, iv All decommissioning/reclamation activity management, site supervision, site safety costs, v Any other costs, including administrative costs, associated with the decommissioning and reclamation of the facility site, and vi The estimated date of submission of the Security to Weld County g Prior to construction, 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 this Code The Security shall Name the Board of County Commissioners of Weld County as the sole beneficiary of the letter of credit, Be issued by an A -rated financial institution based upon a rating provided by S&P, Moody's, Fitch, AM Best, or other rating agency with similar credentials, iii Include an automatic extension provision or "evergreen clause", and iv Be "bankruptcy remote," meaning the Security will be unaffected by the bankruptcy of the SEF operator Weld County, in its sole discretion, may approve alternative forms of Security such as, but not limited to bonds, letters of credit, or other securities, if it finds that such alternative forms will provide an assurance of the availability of financial resources for decommissioning/reclamation that equals or exceeds that provided by the form required herein h Access to decommissioning/reclamation fund 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/reclamation activities within ninety (90) days of the Board of County Commissioners' order or resolution directing decommissioning/reclamation 5 Statement of Transportation Construction Impacts Describe what impacts construction of the project will have upon transportation patterns in the area intended to be served or affected by the proposal b Describe the potential construction impact on roads within the County Identify improvements required to any roads within the County in order to serve the project adequately A haul route map and agreement to mitigate construction traffic impacts to the area surrounding the proposed SEF may be required C Development standards for a SEF 1 Height limitation Ground -mounted solar collectors shall not exceed twenty-five (25) feet in height, measured from the highest grade below each solar panel to the highest extent of the solar panel rotation (Supp No 84) Page 2 of 3 Created 2023-08-21 16 34 07 [EST] C Exhibit B to Hearing Statement Page 3 of 3 2 Glare A SEF shall be designed, located or 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 3 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 five hundred (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 4 Dust mitigation The operators of the SEF shall continuously employ the practices for control of fugitive dust detailed in their dust mitigation plan submitted as required by Subsection B 2 , above 5 Underground cables All electrical cables on the improved area shall be buried, except for direct current string wires that connect between solar collectors, direct current collection circuits between rows of solar arrays that are no more than four (4) feet above grade crossings, substations, switchyards, and circuit voltages greater than 34 5 kilovolts (where necessary) 6 Fencing The SEF shall be enclosed with a security fence as approved pursuant to a fencing plan submitted to the Department of Planning Services Appropriate signage shall be placed upon such fencing that warns the public of the high voltage therein 7 Stormwater management The Operator of the SEF shall submit a drainage report to comply with required Storm Drainage Criteria pursuant to Chapter 8, Article XI of this Code Additional requirements for Municipal Separate Storm Sewer System (MS4) areas may be applicable pursuant to Chapter 8, Article IX of this 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) 8 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 Article XIV of Chapter 8 of this Code 9 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 D The SEF applicant must show that all reasonable alternatives to the proposed location have been adequately assessed, and the proposed action is consistent with the best interests of the people of the County and represents a balanced use of resources in the affected area (Weld County Code Ordinance 2015-27 , Weld County Code Ordinance 2019-02 , Weld County Code Ordinance 2020-20) r J (Supp No 84) Page 3 of 3 Created 2023-08-21 16 34 07 [EST] Exhibit C to Hearing Statement Page 1 of 3 Search for people or content Home / 2021 News / Chapter 23 solar regulations approved by board Chapter 23 solar regulations approved by board Published on May 25. 2021 To bring clarity to solar designations in unincorporated Weld County, the Board of Commissioners approved Chapter 23 zoning code changes this week. Since December 2020, changes were discussed in various meetings with energy and agricultural industry stakeholders before the board approved the changes after a three -reading process. "These changes help promote economic development in Weld County. Landowners can now further develop properties and businesses in the county with the help of solar." said Weld County Commissioner Chair Steve Moreno. Changes to the code eliminate small and medium scale solar facilities from Chapter 23 Zoning and large scale solar facilities from Chapter 21. These changes shift the definition of a solar energy facility to encompass a commercial facility whose primary purpose is to supply electricity and consists of one or more solar arrays and other accessory structures and equipment, including substations, switchyards, battery storage. electrical infrastructure, generators. transmission lines, communications infrastructure and other appurtenant structures and/or facilities. Exhibit C to Hearing Statement Page 2 of 3 Specific changes regarding solar in Chapter 23 include: • Solar energy facilities located on five acres or less require a zoning permit, which is processed administratively. Only one solar facility can be located on a 35 -acre parcel and cannot be adjacent to another. • Solar energy facilities that are between five and 160 acres near an urban area or between five and 320 acres in an ag/rural area require a Use by Special Review (USR) permit. • Solar energy facilities more than 160 acres near an urban area or more than 320 acres in the ag/rural area require a 1041 permit. Both USR and 1041 permits require Planning Commission and Board of County Commissioner review and approval. Changes outlined in Chapter 23 also help further the goals of the county's comprehensive plan in that facilities must be compatible with future development and developers need to explain how prime agricultural land, neighbors and the county as a whole will be protected if a facility is located in the agricultural zone. All solar facilities must adhere to a setback requirement of 500 -feet from an existing residential building and planned development areas. The overall definition of a solar energy facility does not include roof and/or ground mounted solar systems located on homes or other structures. "We wanted energy and agricultural industry representatives to have a voice in this process due to concerns raised last fall about solar developers evading subdivision regulations;" said Department of Planning Services Director Tom Parko. "We've adjusted the way we've thought about solar energy facilities and certain designations due to stakeholder input over the past six months, and I think we're in a great spot now to move this designation forward and implement these facilities." A separate ordinance for Chapter 21 1041 solar energy facilities will come before the board on June 14. View the approved code changes by going to https://cmtcm.co.weld.co.us/weldcm/web/, acknowledge the disclaimer, then type 20211373 in the Doc# field for Chapter 23 amendments. To learn more about the Department of Planning Services, visit https://www.weldgov.com/Government/Departments/Planning-and-zoning. Tagged as: Media Releases Exhi but C 4® Nealrmg StateStateenent Page 3 of 3 Exhibit D to Hearing Statement Page 1 of 5 LATEST HEADLINES Weld approves 'common sense' solar regulations; extended timing appreciated )20. (Alex McIntyre/Staff Photographer) PUBLISHED: May 7, 2021 at 8:05 p.m. I UPDATED: May 7, 2021 at 8:06 p.m. The Weld County Commissioners unanimously approved late this past month changes to the county code regarding solar energy facilities. The changes, to Chapter 23 in the county code, came after months of discussion and controversy over timing at the beginning of the process. According to documents from the county planning department, the new regulations redefine solar facilities by physical project size as opposed to the amount of energy produced, impacting the permitting and approval process. This allows county staff to handle land use concerns more specifically. ( xL ib t ® to Hearing Statement Page 2 of 5 "I dunk what we were concerned about originally was just that all solar projects were being kind of lumped together," said Dan Waldvogle, Rocky Mountain Farmers Union director of external affans "There was some credible fear, I think, that putting in solar faciLihes was going to be almost impossible The difference now is that there are clear guidelines for the larger projects and protections to guarantee that they're going to be good projects for the community For the small ones, there's just a lot more flexibility so folks can have a small project" 'A win for everybody' The new regulations classify solar facilities by three primary sizes and their location within unincorporated Weld County Mike Kruger, president and CEO of the Colorado Solar and Storage Association, said the regulations provided a good compromise between the industry, Weld County leaders and landowners "The pace of change within the state and the demand for solar is such that the Board of County Commissioners, I think, realized that it's not a one off (project)," Kruger said, noting that solar farms were previously seen as an exception to the rules instead of needing their own "These new regulations seta very clear standard for projects, seta very clear responsibility for projects" These rules help promote economic development through solar, he said, without changing the character of the county First, there are small solar fauns that are less than 5 acres These may be in the near/urban area or the agnculture/rural area, per a land use map from the county These must undergo the zoning permit process, and approval is subject to the discretion of Weld County Planning Services Only one solar facility maybe present per 35 acres, no facilities maybe placed adjacent to one another They must be consistent with the county's comprehensive plan and the area in which they are located Solar facilities also must be compauble with expected future development in the area Developers must show how they mtend to protect prime farmland, if the project will be located m the agricultural zone Additionally, the plan must detail how neighbors and the county at large will be protected The Planning Department may approve these small projects without a public heating if the application cntena are met and the project has not received opposition from 30% of surrounding property owners within a 500 foot radius Mid sized projects are broken into two subcategories These are defined as solar facilities between 5 acres and 160 acres in the near/urban area, or they are facilites m the ag/rural zone between 5 acres and 320 acres These must undergo the use -by -special -review process According to county code section 23 2-200, uses by special review are those that are considered "more intense or to have a potentially greater impact" than uses that are allowed by tight m a zone Projects must receive additional consideration by the developer, the planning department and the county commissioners pnor to approval, to ensure they are compatible with existing and planned developments in the area Developers must_meet with the olamune department pnor to submitting a special review anubcahon, to discuss any potential changes or commission, winch will make a Lastly, the county created the designation of a 1041 solar energy facility These are more than 160 acres if they are m the near/urban area or more than 320 acres in the ag/rural area These are only allowed by permit and must receive approval from the planning department, planning commission and county commissioners Developers are encouraged to meet with the planning department and discuss the project Thus isn't an official meeting, and parties are not bound by the discussion, but it provides an opportunity to gather basic information, address possible concerns or share any other considerations Prior to submitting the application for the project, developers must meet again with planning services in a pre application conference to review the proposal Topics will focus on more details, including but not limited to equipment placement, notable features, site accessibility, impact on surrounding areas, applicable regulations and zone compliance Meetings must take place within 14 days pnor to submitting the request The planning commission wig recommend approval or denial to the county commissioners A public heating must take place before a final decision is made Projects of thus size are subject to more stringent design specifications There is a height Limitation of 25 feet, measured from the highest grade of the solar panel to the highest point of panel rotation These must be designed to prevent glare from being directed to neighboring properties and roadways Exhibit D to Hearing Statement Page 3 of 5 These regulations do not apply to roof- or ground -mounted equipment on "permitted pnncipal and accessory buildings of they are designed to supply power to the pnmcapal use or usage on site," according to Article VI of Chapter 21, which is yet to be codified All projects, regardless of size, must meet a vanity of guidelines for sound, safety, design, setback and utihhes Plans must consider stormwater management, dust mitigation and land upkeep Fencing and safety signage is required Solar projects must meet the setback requirements of the zone in winch they are placed, according to documents from the planning department They are also required to be at least 500 feet from existing residential buildings and plots planned for development Residential setback requirements maybe reduced if screening is provided through opaque fencing, landscaping, a waiver is submitted or neighbonng residents agree to a reduced setback. Any landscaping or fencing changes must be submitted to the county for approval Additionally, proposals must include a decommissioning/reclamation plan to remove all equipment from the land, starting 12 months after power production has permanently ceased "When we started these conversations, I think there was a bit of distrust among all the parties about how this was going to go," Kruger said "I want to express appreciation of the solar and storage industry to the board of county commissioners for them (taking tune to) understand the industry, the needs of the industry better and to work with us on a compromise m regulations that I think is a win for everybody — even if everybody didn't get exactly what they wanted" 'An all -of -the -above energy county' This issue was first brought up m the fall — to address concerns about solar developers circumventing subdivision regulations — but a number of issues arose Some initial suggestions included changing the appropnate amount of land on a parcel of property that could be used for solar, only allowing solar fauns at certain locations in the county, requiting facilities to be placed on range land, requiting rezoning of land if used for solar or imposing specific location requirements that would apply to most solar facilites Individual landowners who want to lease their land for solar development and energy companies, however, said these requirements would make development difficult and reduce investment into the county Fanners said leasing their land is a way to continue making a hying and cnticized the commissioners for trying to put regulations on solar that don't exist for oil and gas Barbara Kirkmeyer, now a state senator, pushed for completed changes by the end of 2020 Most stakeholders present at a stakeholder meeting m December emphasized the need for additional time due to the holidays and nsmg COVID 19 cases Thongs could be amended, but the county should be diligent, they said "After that evening m December where we heard quite a but of opposition about what we were doing, I flunk it shows what we can do We can pump the brakes, we can slow down the process and open our ears," Commissioner Scott James said when the changes passed "We can work with folks to give landowners in Weld County an opportunity, but work to continue to protect residents from the impacts of this w I think it is testimony to the process to to live their lives as they would tike, The commissioners agreed to a 60 -day continuance for more input Another extension was granted in February with the final verbiage approved at the end of Apnl Since then, Platte River Power Authonty (PRPA) in partnership with 174 Power Global announced the creation of a solar farm on 1,000 1,400 acres m north Weld PRPA is the wholesale company for cities such as Loveland, Fort Collins and Estes Park. Steve Roalstad, communications and marketing manager at PRPA, said the companies began the permitting process last week and have not faced any obstacles due to the review of the regulations The project must go through multiple phases of approval and public input before work begins PRPA estimates 320 full-time employees will work throughout the construction with up to 450 during peak construction, which is set to last 12-14 months Once complete, the project will provide eight to 10 permanent positions Addmonally, the project is set to provide tax revenues, payment to individual landowners and local revenues through the construction process to help boost the county economy "I think we kind of saw, ongmally, it felt like the commission was trying to come to a solution fora problem that really th. exist," Waldvogle said "Now, it seems tike they've come to more common sense policy — that's what we're most happy with" Tags Energy Exhibit D to Hearing Statement Page 4of5 Jaclyn Watson -Fisher I Sports reporter Amazon Hates When Prime Members Do This, But They Can't Stop You Capital One Shopping Sponsored Littleton, Colorado Drivers with no tickets in 3 years must read this If you have no tickets m 3 years, we hope you know this ridiculously easy by US Auto Insurance I Sponsored Doctor Says Slimming Down After 60 Comes Down To This Dr Kellyann Sponsored Here Are The 33 Coolest Gifts of 2023 Grab these before they're gone (Up to 75% OFF) TheGrommet I Sponsored Expert Says This Drugstore Wrinkle Cream Is Actually Worth It BrunehesNCrunehes I Sponsored Top Doctor If You Eat Oatmeal Every Day, This Is What Happens Top US Doctor Sugar Is Not The Problem (This Is) GundryMD I Sponsored Here Is the Actual Cost Of One Day Full Mouth Dental Implants In 2023 See List GoFlndYou , Sponsored Arvada, Colorado Launches New Policy For Cars Used Less Than 49 Miles/Day Drivers With No Tickets In 3 Years Should Do This On September Comparisons org Sponsored Tinnitus Discovery Leaves Doctors Speechless (Try Tonight) Wellnessguide101 corn Sponsored Here Is What A Cremation Should Cost In 2023 - See The Prices I Lea. 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Exhibit E to Hearing Statement Page 1 of 8 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday December 6 2022 A regular meeting of the Weld County Tree?: nning Commission was held in the Weld County Administretlon Budding Heanng Room 1150 COT; Greeley Colorado This meeting was called to order by Oat r Elqah Halch al 12 31 pm Roll Call Present Elgah Hatch Sam Gluck, Michael Wailes Michael Paliar Shona Morgan Absent Skip Holland Butch White Pamela Edens Also Present Kim Ogle Diana Aungst Michael HaII Maxwell Nader end Jim Fiesher Department of Planning Services Lauren Light, Depamment of Environmental Health Karin McDougal County Attorney and Michelle Wall Secretary Motion Approve the November 1 2022 Weld Count' Plamm�g Commission minutes Moved by NLchael Wades Seconded by Sam Gluck Motion passed unanlmaualy The Chair stated that the Agenda Order has changed Ordinance 2023 01 will be heard as the first heanng item CASE NUMBER ORDINANCE 2023-01 PRESENTED BY JIM FLESHER REQUEST IN THE MATTER OF REPEALING AND REENACTING WITH AMENDMENTS CHAPTER 24 SUBDIVISIONS OF THE WELD COUNTY CODE (FAMILY FARM DNISION) Jim Flasher Planning Semces gave an overview of the proposed code changes regarding family fans dNislons The changes Include removing the regwrement for improvements on the property the requirement of 70 acres mimmum to apply and Inueasing the maximum s@e of the smaller of the Mro resulung loll Gam 7 to 10 acres Commissioner Wailes said he was loltl staffrecewed en email eartier today Max Nader Planning Services explained Thal an ematl was recewetl from Agprofesslonals requesting to Increase the maximum sae of the smaller lot Lol A to 34 9 acres malung it more flenhle for oNer agnculturel uses Stag is proposing that the maxmum for the smaller lot be increased from 7 acres to 10 acres Lot A is mlended for resdential improvements leaving Lot B for farming Mr Nader forwarded Agprofessional s email to Ms McDougal for the record The Chav asked if there was anyone in the audience who wished to speak for or against dos Ordinance No one wished to speak Motion Forward Ordinance 2023-Ot to the Board Of County Commisswners with ter Commissions recommendation cf approval Moved by Michael P: Seconded by Sam Gluck Vote Motion passed (summary Yes = 4 No = 1 Abstain = 0) Yes Elgah Hatch Michael Patav Sam Gluck Shona Morgan No Michael Wailes Commissioner Wades staled he voted no because he did not get a chance to renew the email from Agprofessionals FIEF" USR22-0026 APPLICANT ARTHUR GRIFFI7HS C/O CBEP SOLAR 7 LLC PLANNER. DIANA AUNGST REQUEST l SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A SOLAR ENERY FACILITY (SEFj OUTSIDE OF SUBDIVISIONS AHD HISTORIC TOWNSITES IN THE A (AGRICULTURA) ZONE DISTRICT LEGAL DESCRIPTION BEING PART OFTHE N2S2 AND SW4SW40F SECTIONS T4N Rfi7W OF THE fiTH P M WELD COUNTY COLORADO LOCATION SOUTH OF AND ADJACENT TO CR 4S 6 APPROXIMATELY 0 26 MILES WEST OF STATE HWY 267 '12.128722 o KKurt Gat Iz/28722 2022 3564 Exhibit is to Wearing Statement Page 2 of 8 Commissioner Wades stated that he knows Mr Gnffiths personally but that he Is not involved with Nis pmfect from any standpoint Exhibit E to Hearing Statement Page 3 of 8 The Chan asketl the appbcant it they hate read through the Development Standards and Conditions of Approval end if they ere In agreement with those The applicant replied that they are in agreement Motion Forward Case USR22-0029 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Plannng Commission s recommendation of approval Moved by Michael Wailes Sewnded by Shona Morgan Vota Motion canted by unanimous roll coil vote (summary Yes = 5) Yes FJgah Hatch Michael Paliai Michael Wailes Sam Gluck Shona Morgan CASENUMBER nr, 1127 APPLICANT CBEP LAUD 2 LLC CIO CBEP SOLAR 2 LLC AND CBEP SOLAR B LLC PLANNER KIM OGLE REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECULL REVIEW PERMIT FORA SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBONISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURA) ZONE DISTRICT LEGAL DESCRIPTION PART OF THE W2 OF SECTION 34 T6N R65W OF THE 6TH P M WELD COUNTY COLORADO LOCATION SOUTH OF AND ADJACENT TO CR. APPROXIMATELY 1 320 FEET EAST OF CR 43 Kim Ogle Planning Services presented Case USR22 0027 reading the recommendation and rromments into the rewrd The property is within 500 (eat of 14 parcels wdh 6 homes with the solar facility footpnnt located within five hundred feet of 4 homes specifically west of and north of the solar facility footpnnt As part of the application process Waid County provided notice to these property owners and no responses were received The Department of Planning Services recommends approval of this apphra6on along wdh conditions of approval and development standards Lauren Light Envaenmental Health reviewed the public water and sanitary sewer regwrements on site dust control and ilia Waste Handling Plan Zach Grammer 408 Melba Road Steding Colorado Mr Bremmer explained that ilia Bickling Solar Protects will consist of 2 pro)ects 1 MWac end e 2 375 MWac The solar protects will be on approximately le acres of a 40 13 acre property He said that both pro)ects combined together wsll produce enough electricity for about 1 100 homes es part of Xcel Energyis SolafRewards Commumty Program Mr Grammer said that because this property a dryland they will be planting a native dry land seed rn're He said sheep will be brought on the property about once a year Commissioner Paliul reiterated with the applicant that the protect would save 1 100 consumers 5 l0 10 percent on their eledncity not 1 100 homes at 100 percent coverage Mr Stammer said that is correct The Chair asked Mr Bremmerwho holds the surety hoods and how does the applicarrt know That company will Fi be m business after 20 l 50 years Mr Bremmer explained Ihal may use creditable insurence companies and the policies have to be updated every 5 years The Chad asked if there was anyone in the audience who wished to speak for or against this application Barb Hetrel 22573 County Road 49 LaSalle Coioredo Ms Vht asked with all the solar facilities going up how do they know there will be enough people to buy Into the program wdh only e 5 to 10 percent savings Linda Beng 2138 County Road 62 Greeiay Colorado Ms Beng asked haw Ue protect would aRect her property values She said she has worked two lobs in order to live m k home m the country and does nor wish to look al solar panels Ms Beng said she Is croncemed about solar fires that could endanger her property Chns Gacia 21389 County Road 62 Greeley Colorado Mr Garcia said he was concerned losing then view to the west He said his dog tikes to run through the coin field and said d there are sheep on the property then his dog won t be able to Exhibit E to Hearing Statement Page 4 of 8 Mr Brammer addressed the public concerns He said the area where the project vnll be located Is about 25Q0 feel away from Ilia neighbor s fence line and doesn t think they wdl be able b see d or heard He sal- they don t plan on doing anything wdh the hottom 35 aces so the dog should he 1713 to continue rumm�g through the geld Mr Brammer tell they wJl not be using badenes on the solar panels The fire nsk is low by not using bahenes The solar panel units are designed to shut dawn d they get too hot The Chau. asked it the native grass unit be planted on the entire property Mr Brammer reel" that it will for sure be planted m the proled area and most likely the whole property Mr Brammer addressed the concern about property values Her said there has been'ere few studies tlone which have shown no negative impact to etljacent properties Mr Brammer said that users of the service do not have to put any money down they lust have to subscnbe to the aemce to recewe discount on their elec=t' He said they have not had any issues wdh gemng enough subscnptlon users Commissioner Gluck asked what fund of fence veal he put up Mr Brammer. replied that there wdl be a 6 foot wood fence around the prated area not the entire property There well be a 7 foot seventy fence around the solar panels The Chau asked the applicant if they have read through the Development Standards and Conditions of Appoval and if they are m agreement wdh those The appliwnl rapped that they are in agreement Motlon Forward Case USR22-0027 to the Board of County Commissioners along with the Conditlons of Approval and Development Standards wnih the Planning Commissions recommendation of approval Moved by Michael Pabm Seconded by Sam Gluck Vote Mouon corned by unarnmous mil call vote (summary Zs; S) Y3s Etilah Hatch Michael Palizzi Michael Wailes Sam Gluona Morgan The Chau. called fora recess al 1 43 p m and the heanng reconvened at 1 50 p m CASE NUMBER (Z2P2-00RO11 APPLICANT R8N PERTIES LLC PLANNER MICHAEL HALL REQUEST CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE 12 (MEDIUM NDUSTRIAL) ZONE DISTRICT LEGAL DESCRIPTION LOTS A AND B OF RE 1300 BEING PART OF THE N2SE4 OF SECTION 22 T1N RUM/ OF THE 6'"PM WELD COUNTY COLORADO LOCATION WEST OF ANO ADJACENT TI INTERSTATE 26 FRONTAGE ROAD APPROXIMATELY 0 25 MILES NORTH OF CR 6 Michael Hall Planning Services presented Casa C0Z22-0o11 reading the recommendation and comments Into the record Staff sent notice to 9 surrounding property owners within 500 feet of the subject parcel No responses were received back The Department of Planning Services recommeees approval of this apphcetion along with wndNons of approval and development standards The Chau reiterated vnth Planning Commissioners and audience that discussion about this rase be relevant to the Change of Zone only Commissioner Palizzi asked staff rf both Lots A and B are proposed to change Staff responded that Is correct Lauren Light Environmental He lti reviewed the public water and sanitary sewer regwremenls on site dust control and the Waste Handling Plan Nate Howson 2794 Heron Lakes Parkway Berthoud Colorado Mr Hewaon represents R8N Properties LLC Mr Howson thinks the 12 zone is compatible wah other surrounding uses and the fits wah the Town of Ene s future plans Exhibit E to Hearing Statement Page 5 of 8 The Chair asked d there was anyone in the audience who wished to speak for or against this apphce0on No one wished to speak Staff recemmends that Condlbon of Approval 1 C end 1 D be relocated under Condition ofApproval2 and releder as 2 D and 2 E ritt," Amend Resolution as recommended by staff Moved 'Michael Wades Seconded by EliJah Hatch Motion passed unanimously The Chair asked the applicant d they have read through the Amended Development Standards and CondNons of Approval and d they are In agreement with those The applicant replied that they ere in agreement Motion Forward Case CZ22 0011 b the Board of County Commissbners along vnN the Conditions of Approval and Development Standards with the Planning Commission s rrse= dahon of approval Moved by Sem Gluck Seconded by Michael Wales Vote Mobon carried by unammous roll nil vote (summary Yes = 5) Yes Elqah Hatch Michael Palizzl Michael Wailes Sam Gluck Shane Morgan CASE NUMBER COZ220003 APPLICANT MARTY MATCHETT PLANNER DIANA AUNGST REQUEST CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE 63 (BUSINESS COMMERCIAL) ZONE DISTRICT LEGAL DESCRIPTION LOT B RE -0193 BEING PART OF THE SE4NW4 SECTION 30 TEN R66W OF THE 6°i P M WELD COUNTY COLORADO LOCATION NORTH OF AND ADJACENT TO CR 64 5 APPROXIMATELY O 55 MILES EAST OF CR 2375 (/ 1 Diana Aungst Planning Services presented Case COZ22-0003 reading the recemmendatlon and comments into the retard The Department of Plamm�g Servces recemmends approval of Uus application along with condNons of approval antl devebpment standards Lauren Light Environmental Health revievred the public water and sanitary sewer requirements on site dust control and the Waste Handling Plan Wade Hill 8952 Gander Valley Lane Windsor Colorado Mr Hill is representing Mr MatchetL He said Mr Matchett would like to have a business on his property He toed growing pumpkins and hemp on his agncultural property but since he does not own the water d was not profitable The applicants property is Mr Hill began to share a slide presentation about an RV storage facility being proposed on his property Exhibit E to Hearing Statement Page 6 of 8 Mr HJI said , Matchett is aware of the concerns of the indmduais whc fled'echans against the Change of Zone and plans to mNgate the issues The Chan expiamed to Mr 7 that Ws case is fora Change of Zone and not any potenhal "e Plans Mr Hatch asked him to discuss the specifics of the Change of Zone tHdi said the applicants property is located xnthm a quarter of a mile away from the Great Western Railway and within the Weld County Opportumty Zone Motion Forward Case COZ22-000310 the Board of County Commissioners along with the CondNans of Approval and Development Standards wdh the Plannmg Commissions reoommendatron of approval Moved by Sam Gluck Seconded by Michael Wades vote Motion rartied by unammeus ro0 call vote (summary Yes = 5) Yea FJ7ah Hatch Michael Pahm Michael Wailes Sam Gluck Shane Morgan Commissioner Gluck made a comment to fake mto consideration the egncultural component antl the complexity ofthe area The area has everythmg from Vestes Martin Manehe p ,rpt, farms antl people s homes The Chafrsaid this is a very important deGslon and that he sympalhrces with everyone who allended today The deGsion today is on a Change of Zone and the Plannmg Commission s decision has rm beanng on The ar encouraged the public to adend the Weld County Board of County Commisswner heanng farthis case Ms Aungst shared that the heanng will be heard on January4 2023 al 10 00 a m m this room n Exhibit E to Hearing Statement Page 8 of 8 Meeting adjourned at 3 06 pm Respectfully subm ttteedWe Michelle Wall Secretary O Exhibit F to Hearing Statement Page 1 of 13 LAND USE APPLICATION L�pUN7Y SUMMARY Planner Kim Ogle Hearing Date December 6, 2022 Case Number USR22-0027 Property Owner CBEP Land 2 LLC, 4845 Pearl East Circle, Suite 118, Boulder, CO 80301 Applicant CBEP Solar 2, LLC, and CBEP Solar 8, LLC c/o Zach Brammer, P O Box 1255, Sterling, CO 80751 Request Legal Description Location Site Specific Development Plan and Use by Special Review Permit for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District Part of the W2 of Section 34, T6N, R65W of the 6th P M , Weld County, Colorado South of and adjacent to County Road 64, approximately 1320 feet east of County Road 43 Size of Parcel ± 112 81 acres Parcel No 0803-34-2-00-002 Size of SEF Areas ± 35 7 acres The criteria for review of this Use by Special Review Permit are listed in Section 23-2-220 and Section 23-4- 1030 of the Weld County Code The Department of Planning Services' staff has received referral responses with comments from the following agencies • Weld County Department of Planning Services— Development Review, referral dated September 23, 2022 • Weld County Department of Public Health and Environment, referral dated September 28,,2022 • Weld County Department of Planning Services— Floodplain Administrator, referral dated September 28, 2022 • City of Greeley, referral dated October 12, 2022 The Department of Planning Services' staff has received referral responses without comments from the following agencies • Weld County Sheriffs Office, referral dated September 22, 2022 • Greeley Fire Department, referral dated October 4, 2022 • Weld County Office of Emergency Management, referral dated September 22, 2022, October 5, 2022 • Weld County Department of Planning Services — Code Compliance, referral dated October 5, 2022 • Colorado Division of Water Resources, referral dated October 7, 2020 • West Greeley Conservation District, referral dated October 11, 2022 • Weld County Oil and Gas Energy Department, referral dated October 12, 2022 The Department of Planning Services' staff has not received responses from the following agencies • Sand Creek Short Line Ditch • DCP Midstream, LP ■ Greeley -Weld County Airport Authority • Noble Energy, Inc USR22-0027 Page 1 of 12 • Public Service of Colorado (Xcel Energy) Case Summary Exhibit F to Hearing Statement Page 2 of 13 ■ Colorado Parks and Wildlife The applicant, CBEP Solar 2, LLC is proposing to construct two (2) Solar Energy Facilities (SEF) adjacent to each other on the same one hundred twelve (112) acre parcel The Solar Energy Facilities are a part of the Xcel Energy Solar*Rewards Community program Bickling 1 is a 2 375 -megawatt (MW) Solar Energy Facility and Bickling 2 is a 1 00 -megawatt (MW) Solar Energy Facility The two (2) SEFs total 3 375 mega- watts (MW) for a total of 3 375 mega -watts (MW) and have a footprint of approximately 35 7 acres all within a 112 -acre parcel Each facility will consist of solar modules mounted about five (5) feet above the existing grade on single -axis trackers, which allow the panels to track the sun from east to west over the course of the day The project will also include inverters mounted on steel posts or beams, concrete -pad mounted transformers, other electrical equipment, new internal access road, and a perimeter game fence with gates The Solar Energy Facilities are within five hundred (500) feet of six (6) residences, with the solar facility footprint located within five hundred (500) feet of four (4) homes located to the west and north of the solar energy facility footprint The applicant sent out a letter the week of October 17, 2020, notifying the residences of the pending land use application and proposed visual mitigation, including vegetative screening through landscaping and/ or an opaque fence Bickling 1 will consist of approximately 4,400 solar modules, nineteen (19) inverters one (1) transformer, which will power approximately eight hundred (800) homes coupled with Bickling 2 which will consist of approximately 2,400 solar modules, eight (8) inverters and one (1) transformer, with both facilities utilizing other electrical equipment, which will power approximately three hundred forty (340) homes The site will be visited for bi-annually for routine maintenance of both equipment and vegetation The facility is remotely monitored 24/7 by full time staff The site will be re -vegetated using a native habitat mix, which will decrease erosion, prevent noxious weed growth and establishment The native habitat mix will be maintained by vegetation experts to facilitate establishment The property is currently vacant land, with no irrigated agriculture or water rights, and was previously used for oil and gas production Area lighting is not proposed for the facility The Decommission and Reclamation plan submitted with the application indicates that the site will be decommissioned and reclaimed at the end of the lease term of twenty (20) years with an option of four (4) additional five (5) year terms, operational life, or if the site is non -operational for twelve (12) months Much of the equipment is recyclable The estimated cost for reclamation is approximately $75,000 for Bickling 2 and $170,000 for Bickling 1 and this is the amount suggested by the applicant for the surety bond In the event the application is approved, the applicant will work with staff to ensure the surety meets Weld County standards DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED BASED ON THE FOLLOWING APPROVAL CRITERIA The submitted materials are in compliance with the application requirements of Section 23-2-260 and Section 23-4-1030 B of the Weld County Code 2 It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows A Section 23-2-220 A 1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect Section 22-2-10 state the Guiding Principles that serve as the foundation for land use policy in the County Section 22-2-10 B states "One of the basic principles upon which the United States was founded is the right of citizens to own and utilize property so long as that use complies with local regulations and does not interfere with or infringe upon the rights of others " USR22-0027 Page 2 of 12 Exhibit F to Hearing Statement Page 3 of 13 C The applicant and property owner has made a business decision on the highest and best use of his property currently in a dry -up covenant Of the one hundred thirteen (113) acre parcel thirty- five (35) acres will be utilized for the proposed solar energy facility The land under the solar panels will be planted with a dry -land native grass seed that has been generally accepted for re -vegetation purposes for the entire parcel and will be maintained with no allowance for noxious weed growth Section 22-2-30 C states Harmonize development with surrounding land uses " The adjacent land will experience minimal nuisance from the SEFs, which is an unmanned energy development facility with limited traffic generation once operational The applicant has proposed screening and landscaping options for residences within five hundred (500) feet of the facility Screening is required from the adjacent property owners and will include a double row of triangulated Rocky Mountain Juniper along the adjacent property owners fence line Rocky Mountain Juniper trees have historically performed very well on sites with these soil conditions, location and elevation, and local plant community composition In addition to providing a visual buffer from neighboring residences, the landscape screening is designed to fit with the neighborhood and benefit the local environment The applicant will provide waivers from the property owners with residences closer than five hundred (500) feet who -request to not be screened from the facilities Section 22-2-60 B "Support responsible energy and mineral development " According to the application, the Solar Energy Facility will connect into the Xcel Energy power grid The application states that efforts will be made to protect the soil and minimize the impacts to the area Further, once operational, the proposed SEF creates no noise, odor, light or flickering, vibration, vermin, dust, orother nuisances The operation of the SEF is virtually unnoticeable to neighboring properties and it will not impact surrounding property's right to quiet enjoyment 1 Section 22-2-60 B 2 states "Ensure that infrastructure, such as adequate roads and utilities, exists or can be made available prior to development of energy and mineral resource production facilities " This portion of CR 64 is a gravel road that is currently in engineering review as part of the County Road 66 alignment study, and possible right-of-way acquisition that could potentially impact setbacks There is existing overhead electric service located south of County Road 64 B Section 23-2-220 A 2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District The proposed use, Solar Energy Facility, is permittable under Section 23-3-40 FF of the Weld County Code as defined here, Solar Energy Facilities (SEF's), being more than five (5) acres in size but less than one hundred sixty (160) acres in the Near/Urban Area or being more than five (5) acres but less than three hundred twenty (320) acres in the Ag/Rural Area This proposed facility footprint is in the urban area 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 The applicant and property owner has made a business decision on the highest and best us of the thirty-five (35) acre area for the solar energy facility The proposed compact solar energy resource development will conserve lands and minimize the impact on surrounding land and the existing surrounding land uses USR22-0027 Page 3 of 12 Exhibit F to Hearing Sti. tame Page 4 of 13 The proposal meets the intent of A (Agricultural) Zone District, including the Principles, Goals and Objectives as outlined in Chapter 22 and permitted under Chapter 23 as the facility will produce energy harvested from the sun and will not interfere with adjacent agricultural operations C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the existing surrounding land uses The property is within five hundred (500) feet of fourteen (14) parcels, with six (6) homes, with the solar facility footprint located within five hundred feet of four (4) homes, specifically west of and north of the SEF footprint As part of the application process, Weld County provided notice to these property owners, and no responses were received The proposed visual mitigation, Development Standards, and Conditions of Approval will assist in mitigating the impacts of the facility on adjacent properties and ensure compatibility with surrounding land uses and region D Section 23-2-220 A 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 designated as an Opportunity Zone on the Weld County Comprehensive Plan The site is located within the three (3) mile referral area of the City of Greeley and within the three (3) mile referral area and the Coordinated Planning Agreement area for the Town of Kersey The 2016 Town of Kersey Comprehensive Plan delineates the Kersey Influence Area extending to County Road 62 This property is located on County Road 66 and is therefore outside of Kersey's Future Land Use Planning Area The City of Greeley in their referral of October 12, 2002, stated "The subject site is located within Greeley's Long Range Expected Growth Area the area in which the community anticipates annexation and urban development to occur in the future And included an advisory comment " we understand there is not currently water/irrigation available on the subject site, we would appreciate consideration for future landscape perimeter buffering and screening " The Town of Kersey returned the NOI dated July 29, 2022, with no concerns E Section 23-2-220 A5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code The property is within the Airport Overlay District The proposed SEF complies with the height limitations outlined in Chapter 23, Article V, Section 23-5-30 Airport Zone height limitations Further, the proposed SEF will not create electrical interference, include any lights, result in any glare in the eyes of pilots, impair visibility in the vicinity of the Airport, create bird strike hazards, or otherwise interfere in any way with the operations of the Airport as required by Chapter 23, Article V, Section 23-5-40, use restrictions The applicant will be required to file with the Federal Aviation Administration, who will ensure that the proposed SEF fully complies with FAA requirements for the Greeley -Weld County Airport The property is not 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 Building Permits issued on the property will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program, County Facility Fee, and Drainage Impact Fee Programs F Section 23-2-220 A 6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use Sonn Natural Resource Partners LLC (Sonn) in 2015 the owner of the property (Lot B RECX13- 0060) now described via a metes and bounds via a partial vacation, executed, and recorded a USR22-0027 Page 4 of 12 L ) O Exhibit F to Hearing Statement Page 5 of 13 permanent Dry -Up Covenant and Easement Per the Dry -Up Covenant and Easement recorded September 28, 2015, under reception no 4145503, states the conditions restrict the use of water and water shares on this property Para phrasing here, Sorin or their successors shall not allow the planting of any crops which can extend roots into the underlying groundwater, including, but not limited to, alfalfa Sonn or their successors shall re -vegetate the property during or before the first growing period after the effective date of this Covenant with a dry -land native grass seed that has been generally accepted for re -vegetation purposes on this land subject to dry -up and shall maintain the desired vegetation growth and take reasonable measures to keep the property free of noxious weeds The current property owner as successor will continue to maintain the dry -land native grasses and will reseed as required for re -vegetation purposes not only the area under the solar panels but the entire parcel per the covenant G Section 23-2-220 A 7 — There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23- 2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County O This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities The Department of Planning Services' staff recommendation for approval is conditional upon the following 1 Prior to recording the map A The applicant shall acknowledge the advisory comments of the Weld County Department of Planning Services — Floodplain Administrator, as stated in the updated referral response dated September 28,2022 Evidence of such shall be submitted in writing to the Weld County Department of Planning Services (Department of Planning Services) B The applicant shall acknowledge the advisory comments of the City of Greeley, as stated in the referral response dated October 12, 2022 Evidence of such shall be submitted in writing to the Weld County Department of Planning Services (Department of Planning Services) C The applicant shall submit a dry land seed mix, acceptable per the dry -up covenant and easement requirements for review and acceptance (Department of Planning Services) D The applicant shall submit a landscape maintenance plan aimed at retaining the desired vegetation while keeping the property free of noxious weeds (Department of Planning Services) E The applicant shall submit a fencing plan for review andacceptance if not utilizing the perimeter game fence with gates as stated in the application materials (Department of Planning Services) F The applicant shall submit to the Department of Planning Services any screening waivers from residents within five hundred (500) feet If waivers are not obtained opaque screening is required per the accepted Department of Planning Services Landscape and Screening plan (Department of Planning Services) USR22-0027 Page 5 of 12 Exhibit F to E1earhng Statement Page 6 of 13 G If utilizing a vegetative material for visual mitigation to screen the facility from adjoining properties to the west and north, the applicant shall submit an irrigation plan to the Department of Planning Services for review and acceptance (Department of Planning Services) H A Road Maintenance Agreement (Construction) is required at this location Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes during construction (Development Review) A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required (Development Review) J The map shall be amended to delineate the following 1 All sheets of the map shall be labeled USR22-0027 (Department of Planning Services) 2 The attached Development Standards (Department of Planning Services) 3 The map shall be prepared in accordance with Section 23-2-260 D of the Weld County Code (Department of Planning Services) 4 Sho,w 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 (Department of Planning Services - Floodplain) 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 (Department of Planning Services) 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 (Department of Planning Services) 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 (Department of Planning Services) 8 Trash collection areas, if applicable Section 23-2-240 A 13 of the Weld County Code addresses the issue of trash collection areas (Department of Planning Services) 9 Setback radiuses for existing oil and gas tank batteries, wellheads, and encumbrances, if applicable Setback requirements are located in Section 23-3-70 E of the Weld County Code (Department of Planning Services) 10 Planned oil and gas surface development areas, corridors, access roadways, etc as part of any _executed Surface Use Agreement, if applicable (Department of Planning Services) 11 Screening plan for residences within five hundred (500) feet, unless,a waiver from the resident has - been supplied to the Department of Planning Services (Department of Planning Services) 12 CR 64 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 USR22-0027 Page 6 of 12 Exhibit F to [hearing Statement Page 7 of 13 label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road All setbacks shall be measured from the edge of right-of-way This road is maintained by Weld County (Development Review) 13 This portion of County Road 62 is under the Jurisdiction of the City of Greeley Please contact the municipality to verify the right-of-way Show and label the right-of-way Show the approved access(es) on the site plan and label with the approved access permit number if applicable (Development Review) 14 Show and label the proposed access point onto CR 64 and the usage type (Agriculture, Residential, Commercial/Industrial, or Oil and Gas) Development Review will review the access location as a part of the plan submittal (Development Review) 15 Show and label the entrance gate if applicable An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet (Development Review) 16 Show and label the drainage flow arrows (Development Review) 17 If applicable, show and label the accepted drainage features Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume (Development Review) 18 All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number (Department of Planning Services) 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 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 (Department of Planning Services) 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 3 -month period (Department of Planning Services) 4 Prior to Construction A The approved access and tracking control shall be constructed prior to on -site construction (Development Review) B If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the start of construction (Development Review) 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 (Department of Planning Services) USR22-0027 Page 7 of 12 Exhibit F to Hearing Statement Page 8 of 13 5 The Use by Special Review Permit is not perfected until the Conditions of Approval are completed and the map is recorded Activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement (Department of Planning Services) USR22-0027 Page 80112 O Exhibit F to Hearing Statement Page 9 of 13 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Cloud Break Energy Partners USR22-0027 1 Site Specific Development Plan and Use by Special Review Permit 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 (Department of Planning Services) 2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code (Department of Planning Services) 3 Any future structures or uses on site must obtain the appropnate zoning and building permits (Department of Planning Services) 4 The facility is unmanned and will operate year-round Limited maintenance personnel may visit the site once operational (Department of Planning Services) 5 Height limitation Ground -mounted solar collectors shall not exceed twenty-five (25) feet in height, measured from the highest natural grade below each solar panel to the highest extent of the solar panel rotation (Department of Planning Services) 6 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 (Department of Planning Services) 7 Dust mitigation The operators of the SEF shall continuously employ the practices for control of fugitive dust detailed in their accepted Dust Mitigation Plan per Section 23-4-1030 C 4 of the Weld County Code, as amended (Department of Planning Services) 8 Underground cables All electrical cables on the improved area shall be buried, except for direct current string wires that connect between solar collectors, direct current collection circuits between rows of solar arrays that are no more than four (4) feet above grade crossings, substations, switchyards, and circuit voltages greater than 34 5 kilovolts (where necessary) (Department of Planning Services) 9 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 (Department of Planning Services) 10 Stormwater management The Operator of the SEF shall comply with the approved Final Drainage Report and the required Storm Drainage Criteria pursuant to Chapter 8, Article XI of this Code Ground- mounted solar collector systems shall be exempt from impervious surface calculations if the soil under the collectors is designated hydrologic A or B soil groups by the Natural Resources Conservation Service (NRCS) (Department of Planning Services) 11 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 ninety (90) days of the Board of County Commissioners' order or resolution directing decommissioning and reclamation (Department of Planning Services) 12 The site shall be maintained in accordance with accepted Property Maintenance Plan (Department of Planning Services) USR22-0027 Page 9 of 12 Exhibit F to Hearing Statement Page 10 of 13 1-- 13 The property owner shall maintain compliance with the Dry -Up Covenant and Easement recorded - September 28, 2015, under reception no 4145503, at all times (Department of Planning Services) 14 A Flood Hazard Development Permit is required for all construction or development occurring in the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Maps #08123C -1535E issue date January 16, 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 (Department of Planning Services - Floodplain) 15 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 (Department of Planning Services - Floodplain) 16 During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100 5, C R S ) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination (Department of Public Health and Environment) 17 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, 30-20-100 5, C R S (Department of Public Health and Environment) 18 During construction, waste materials shall be handled, stored, and disposed 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 1 of the Weld County Code (Department of Public Health and Environment) 19 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 (Department of Public Health and Environment) 20 Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction of the facility (Department of Public Health and Environment) 21 The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code (Department of Public Health and Environment) 22 The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code (Development Review) 23 The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking (Development Review) 24 Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement (Development Review) 25 The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement (Development Review) USR22-0027 Page 10 of 12 1 �J Exhibit F to Hearing Statement Page 11 of 13 26 Weld County is not responsible for the maintenance of onsite drainage related features (Development Review) 27 The historical flow patterns and runoff amounts on the site will be maintained (Development Review) 28 The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code 29 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 30 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 31 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 32 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 Planning Services may grant an extension of time, for good cause shown, upon a written request by the landowner 33 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 34 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 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 35 WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold The rural areas of Weld County may be open and spacious, USR22-0027 CBEP Solar 2 and CBEP Solar 8 Page 11 of 12 Exhibit F to Hearing Statement Page 12 of 13 but they are intensively used for agriculture Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment, slow -moving farm vehicles on rural roads, dust from animal pens, field work, harvest, and gravel roads, odor from animal confinement, silage, and manure, smoke from ditch burning, flies and mosquitoes, hunting and trapping activities, shooting sports, legal hazing of nuisance wildlife, and the use of pesticides and fertilizers in the fields, including the use of aerial spraying It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County Section 35-3 5-102, C R S , provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production Water has been, and continues to be, the lifeline for the agricultural community It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities The sheer magnitude of the area to be served stretches available resources Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm Services in rural areas, in many cases, will not be equivalent to municipal services Rural dwellers must, by necessity, be more self-sufficient than urban dwellers People are exposed to different hazards in the County than in an urban or suburban setting Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood USR22-0027 CBEP Solar 2 and CBEP Solar 8 Page 12 of 12 Exhibit F to Hearing Statement DEPARTMENT OF Pf 04 :I.fICf5 1555 N 17th AVE GREELEY, CO 80631 WEBSITE www weldgov corn E-MAIL kogle@weldgov corn PHONE (970) 400-3549 FAX (970) 304-6498 October 28, 2022 Brammer Zachary PO Box 1255 STERLING, CO 80751 Subject USR22-0027 - A Site Specific Development Plan and Use by Special Review Permit for a Solar Energy Facility, including a temporary laydown yard and two (2) office trailers during construction only, outside of subdivisions and historic townsites in the A (Agricultural) Zone District On parcel(s) of land described as LOT B RECX13-0060, BEING P $ 5T 2 ) W26 ( & 7 , 2 1 atiie 6th P 65, Weld City, Colorado Dear Applicants I have scheduled a meeting with the Weld County Planning Commission on December] at January 04, 2023 atl Building, attendance to answer any questions the Planning Commission members or Board of County Commissioners may have 1 Weld County Planning Department with written certification indicating the above requirement has been met A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing You 'may view the staff report at https //accela- aca co weld co us/CitizenAccess Respectfully, Kim Ogle — , Planner Exhibit G to Hearing Stateme Page 1 o1 f Parses 2) Owner: RAY DOROTHY E D' Account 8-985 O6 Parcel: CQ0 3'4ZOO001 Address: 21308 'COL MIN ROAD 64 WELD Subdivision: Section: 34 Township: oN Rang.: 65W Tees pigulyaggpert Dim Search Buffer kale Owner: RAY RUSSELL S Account R6785206 Parcel: 0_,_)420000 ddrint 21308. L..'JT' SC -'C; '. LE Subdivision: Sector. 4 Township' 6 4 Range: 65W faxes Prouthacporl idaa Search Buffer Sale Displaying I • 2 (Totat; 2) �i 4 Page 1 of Pk 1P arre,s (: •0 • •0 tOpen Weld County GS C QtenSiTeettAalZ.co .z •b Exhibit H to Hearing Statement Page 1 of 12 RESOLUTION RE APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR22 0027, FORA SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A(AGRICULTURAL) ZONE DISTRICT-CBEP LAND 2, LLC, C/O CBEP SOLAR 2, LLC C/O CBEP SOLAR 8, LLC WHEREAS, the Board of County Commissioners of Weld County Colorado pursuant to Colorado statute and the Weld County Home Rule Charter is vested x�th the authority of administering the affairs of Weld County Colorado and WHEREAS, the Board of County Commissioners held a public heanng on the 4th day of January 2023 at the hour of 10 00 a m In the Chambers of the Board for the purpose of hearing the apphca ans of CBEP Land 2 LLC do CBEP Solar 2 LLC do CBEP Solar 8 LLC 4845 Pead East Circle Suite 118 853242 Boulder Colorado 80301 hrr a Site Specific Development Plan and Use by Special Review Permit USR22 0027 fora Solar Energy Facility (SEP� outside of subdwisiens and historic townsEo in the A (Agnculturaq Zone Dutnct an the following described real estate being mare particularly described as follows Part of the W1/2 of Section 34 Township 8 North Range 65 West of the 6th P M Weld County Colorado WHEREAS, at said heanng the applicant was present and WHEREAS, Section 23 230 of the Weld County Code provides standards for review of said Use by Special Review Pertnd 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 exhibRs and evidence presented m this matter and hawngbeenfullyinformed finds that this request shall be approved forlhefollowingreasons 1 Tha submitted materials are m compliance with the appticateon requirements of Section 23 2 260 of the Weld County Code 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 22 2-10 states the Guiding Principles that serve as the foundation for land use policy in the County 1) Section 22 2 10 B states One of the basic principles upon which the Un,Z States was l —t ed �s the right of cdrzens to own and uh6ze property so long as that use complies wroth local regulations and does not mterlere with or m(nnge upon the : s o/ others The appficanUproperty owner has made a business decision on the highest and best use of his property currently m a dry up covenant Of the 113 acre parcel 35 acres will be utilized for the proposed Solar Energy Fafty (SA The land under the solar panels will be CC PL(ii,PL OCR (88) RI, 2023 0070 oI/26/�3 PL2852 Exhibit H to Hearing Statement Page 2 of 12 SPECIAL REVIEW PERMIT (USR22 0027) — CBEP LAND 2 LLC C/O CBEP SOLAR 2 LLC CIO CBEP SOLAR 8 LLC PAGE Planted with dry 'Tat and naive grass seed that has been generally accepted far re vegetation purposes for the entire parcel and will be maintained wdh no allowance for noxious weed growth Section 22 2 30 C slates Harmonize development wdh surrounding lend uses'The adjacent land will experience minimal nuisance from the SEF which Is an unmanned energy development facility with limited traffic generation once operational The applicant has proposed screening for residences within 00 feet oT thefacddy 3) :cap on 22 2 fi0 B Support responsible energy and mineral elopment According to the application the Solar Energy Facility will connect into the Xcel Energy power god The application states that efforts will he made to protect the soil and minimrze the impacts to the area Further once operational the proposed SEF creates no noise odor light or Oickenng vibration venom dust or other nuisances The operation of the SEF is virtually unnoticeable to neighboring propertes and d will not impact surrounding property owners right to quiet enjoyment 4) Section 22 2 60 B 2 states Ensure that infrastructure such as adequate roads and utddres exists or can be made evadable poor to development of energy and mineral resource production fci6hes This portion of County Road 64 is a gravel road that is currently in engineering review as part of the County Baal: alignment study and possible right of way acquisition that potentially impact setbacks There is existing overhead electric service located south of County Road 64 Section 23 2 230 B 2 — The proposed use is consistent wdh the intent of the A (AgnculluraQ Zane District 1) Section 3 3-00 FF — Uses by Special Review of the Weld County Code includes Solar Energy Faalrties (SEFs) being more then five (5J acres in size but less than one hundred sixty (160) ecros in the Near 61"; Area or being more;hen rive (5) acres rut less than three hundred twenty (320) acres in the Ag/Rurel Area " The proposed facddy featprintis the urban area The A (Agricultural) Zone District is intended tiro' provide areas far the conduct of agricultural activities and acivRies related to agrxullure and agricultural production and for areas for natural resource:ia action and energy development without the interference of other incompatible land uses The apphcanUproperty owner has made a business decision on the highest and best us of tie 35 acre area for the solar energy facddy The proposed compact solar energy resource development will conserve lands and minan¢E the impact 2023 0070 PL2852 Exhibit H to Hearing Statement Page 3 of 12 SPECIAL REVIEW PERMIT (USR22 0027) - CBEP LAND 2 LLC C/O CBEP SOLAR 2 LLC C/O CBEP SOLAR B LLC PAGE on surrounding land and the existing surrounding land uses The proposal meets the intent of the A (Agnculturap Zone District including the Pnnaples Goals and Objectives as outlined in Chapter 22 and permitted under Chapter 23 as the facility wtll produce energy harvested from the sun and will not interfere wdh adjacent agncultural operations Section 23 2 230 B 3 —The uses which will be permitted will be compatible Exhibit CI to Bearing Statement Page 4 of 12 SPECIAL REVIEW PERMIT (USR22 0027) - CBEP LAND 2 LLC C/O CBEP SOLAR 2 LLC C/O CBEP SOLAR 6 LLC PAGE by Chapter 23 Article V Se re` 23 V, use reslnctions The applicant will be required to file wdh the Federal Aviation Adminislraton who will ensure that the proposed SEF fully complies wdh FAA regwrements forthe Greeley Weld Ccunly Nrport The property is not vnlhin the 125 Overlay District Geologic Hazard Overlay District MS4 Municipal Separate Storm Sewer System area Historic Townsdes Overlay Distnd or Agricultural Heritage Overlay District Bwlding Z:nsit issued on the properly will be requred to adhere to the fee structure of the County Wide Road Impact Fee County Facddy Fee and Drainage Impact Fee Programs. Section 23 2 230 B 6 — The applicant has demonstrated a diligent effort to conserve prime agricultural land m the locahonal decision for the proposed use In 2015 Sonn Natural Resource Partners LLC (Soren) owners of the subject property formerly described as Lot B of RECX13 0060, and is now described via a metes and bounds via a Partial Vacation executed and recorded a permanent Dry Up Covenant and Easement The Dry Up Covenant and Easement recorded September 28 205 under Reception No 4145503 stales the conditions restrict the use of water and water shares on this property Pare phrasing hen: Sonn or their successors shall not allow the planting of any crops, which can extend roots into the underlying groundwater including but not limited to alfalfa Sonn or then successors shall re -vegetate the property during or before the first growing period after the effective date of this Covenant with a dryland native grass seed that has been generally accepted for re vegetation purposes on this land subtect to dry up and shall maintain the desued vegetation growth and lake reasonable measures to keep the property free of noxious weeds The current property owner as successor will continue to maintain the dry land native grasses and will reseed as required for re vegetation purphe oses not only the area under the solar panels but the entire parcel per tcovenant 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 1 Prior to recording the map 2D23 0070 PL2652 exhibit H to Hearing Statement Page 5 of 12 SPECIAL REVIEW PERMIT (USR22 0027) - CBEP LAND 2 LLC C/O CBEP SOLAR 2 LLC C/O CBEP SOLAR 6 LLC PAGE 5 A The applicant shall acknowledge the advisory comments of the Weld County Department of Planning Services — Floodplain Administrator as stated in the updated referral response dated September 28 2022 Evidence of such shall be submitted in writing to the Weld County Department of Planning Services The apph:Ms:: ant shall acknowledge the advisory comments of the C20'22' Greeley as stated in the referral response dated October 12 Evidence of such shall be submitted in writing to the Weld County Department of Planning Servces The apphcant shall submd dryland seed mix acceptable per the dry up covenant and easement regwrements far review and acceptance The applicant shall submd a landscape maintenance plan aimed at retain: the desired vegetation while keeping the property tree of noxious weeds The apphcant shall submit a Fencing Plan for review and aceptance, rf not utd¢ing the perimeter game fence wdh gates as stated in the application materials A Road Maintenance Agreement (Construction) rs regwred at this location Road maintenance includes but is not limded to dust control and damage repair to specified haul routes during construction A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado rs regwred The map shall be amended to delineate the following All sheets of the map shall be labeled USR22 0027 2) The attached Development Standards The map shall be prepared in accordance with Section 23 2 260 D of the Nkld County Code 4) The applicant shall show the flcodplain and floodway Qf applicable) boundaries on the map Label the floodplam boundaries wdh the FEMA Flood Zone and FEMA Map Panel Number or appropriate study 5) Any existing and proposed solar facility installations and electrical equipment powerhnes structures, temporary work trailers, storage containers (limited to two (2) per Section 23� 30 B of the Weld 2°2g2 Exhibit H to Hearing Statement Page 6 of 12 SPECIAL REVIEW PERMIT tLISR22 0027) - CBEP LAND 2 LLC C. CBEP SOLAR 2 LLC C/O CBEP SOLAR B LLC PAGE 8 7) 8) County Code) storage areas and miscellaneous improvements as applicable Clearly indicate which items are temporary for use dunng construction and which items are permanent Regwred fencing gates and emergency/site rdenhficabon srgnage in accordance with Section 23 2-240A 12 and Section 23� 1030 6 of the Weld County Code On site hghtmg d applicable All hghtmg shall be downcast and shielded so that tight rays will not shine directly onto adjacent properties Include lighting specification details on the 11SR map Refer to Section 23 2 250 D of the Weld CountyCode for design cntena Trash collection areas if applicable Sectwn 23 240.' 13 of the Weld County Code addresses the issue of fresh collection areas Setback radiuses for existing oil and gas tank battenes, wellheads and encumbrances dapphcable Setbackregwrementsarelocated in Section 23 3 70 E of the Weld County Code Planned oil and gas surface development areas comdors access roadways etc as part of any executed Surface Use Agreement applicable The Screening Plan for residences within 500 feet unless a waiver from the resident has been supplied to the Department of Planning Services County Road 64 sl a paved road and is designated on the Weld County Functional Classdicahon Map as a local road which requires 80 feet of nght-of way at full buddout The applicant shall delineate and label the futureand existing nght of way (along with the documents creating the existing nght-o1 way) and the physical location of the road on the site map or plat All setbacks shall be measured from the edge of nght of way This road is maintained by Weld County This portion of County Road 62 is under the /unsdichan of the City of Greeley Please contact the mumcipalily la venfy the nght of way Shaw and Zabel the nght of way Show the approved accesses) on the site plan and label with the approved Access Percnd number d applicable The applicant shall show and label the proposed access point onto County Road 84 and the usage type (Agnculture Residential 2023 070 PL2852 Exhibit H to Hearing Statement Page 7 of 12 SPECIAL REVIEW PERMIT (USR22 0027) - CBEP LAND 2 LLC C/O CBEP SOLAR 2 LLC C/O CBEP SOLAR 6 LLC PAGE 15) Commercial/lnduslnal or Od and Gas) Development Review wdl rewew the access location as a part of the plan submittal The applicant shall show and label the entrance gate rf applicable An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear ilia traveled way when the gate is closed In no event shall the distance from the gate to the edge of the traveled surface be less than 35 feet 16) The applicant shall show and label the drainage flow arrows 17) If applicable the applicant shall show and label the accepted drainage features Stormwater ponds should be labeled as Sto taetr Detention No -Build or Storage Area and shall include the calculated volume 18) All recorded easements and rights of way shall be delineated on ilia plat by book and page number or Reception number Upon completion of Condition of Approval #1 above the applicant shall submd one (1) electronic copy ( df) of the map for preliminary approvai to the Weld County Department of Planning Services Upon approval of the map the applicant shall submit a Nh'etmap along wdh all other documentation regwred as Conditions of Approval The Mylar map shall be recorded m the office of the Weld County Clerk and Recorder by the Department of Planning Services The map shall be prepared in accordance with the requrements of Section 23 2 260 D of the Weld County Code The Mylar map and addtional requirements shall be submdted wdhin 120 days from the date of the Board of County Commissioners Resolution The appbcant shall be responsible for paying the recording fee In aecor lance wdh Appendix J of the Weld County Code should the map not be recorded within ilia specified timebne from the date of the Board of County Commissioners Resolution a $50 0 recording continuance fee shall be added for each additional three (3) month period Poor to Construction A The approved access and tracking control shall be constructed poor to an site construction It more than one (1) acre rs to be disturbed, a Weld County Grading Perm' volt be required poor to the startof construction The appbcant shall submit an irrevocable standby letter of credit bond or atiemale form of security in an amount sufficient to fund the estimated decommissioning/reclamation costs required by Section 23-4 1030 B 4 of 2023 0070 PL2652 0 Exhibit H to Hearing Statement Page 8 of 12 SPECIAL REVIEW PERMIT (USR22 0027) - CBEP LAND 2 LLC C/O CBEP SOLAR 2 LLC CIO CBEP SOLAR 8 LLC PAGER the Weld County Cade far 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 5 The Use by Special Rewew Pertnd is riot perieded until the Conditions of Approval are completed and the map is recorded Activity shall not occur nor shall any Budding or Electrical Permits be issued on the property until the Use by Special Rewew plat is ready to 6e 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 4th day of January AD 2023 BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO ATTEST Vv�� Weld County Clerk to the Board N eputy Clerk to the Bo A ey Date of signature .0.4/23 n Chaii�� Per L Bugk Pro Tem Sc I�James Th vin D Ross Lori 2023 PL2a52070 Exhibit H to Hearing Statement Page 9 of 12 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS CBEP LAND 2, LLC CIO CBEP SOLAR 2, LLC C/O CBEP SOLAR 8, LLC USR22 0027 Site Specific Development Plan and Use by Special Review Penult, USR22 0027 is for a Solar Energy Facday (SEF) outside of subdrisiens and historic lownsRes in the A (Agricultural) Zone District subject to the Development Standards slated hereon 2 Approval of this plan may create a vested property right pursuant to Section 23 8 10 of ilia Weld County Code 3 Any future structures or uses onsde must obtain the appropriate Zoning and Budding Pertnas 4 The facility is unmanned and will operate year round Limited maintenance personnel may visit the Site once operational Height hmdatlon Ground mounted solar collectors shall not exceed 25 feet in height measuothe highest natural grade below each solar panel to the highest extent of the solar red pafrnelm rotation Glare The SEF shall be placed so that concenVated solar glare from as solar collectors well not be directed toward or onto nearby properties or roadways at any time of the day Dust mitigation The operators of the SEF shall continuously employ the practices for control 3 f1030 dust detailed m their accepted Dust Mitigation Plan per Section 234 1030 C 4 of the Weld County Code as amended Underground cables Alt electrical cables on the improved area shall be buried except far direct current slung wires that connect between solar collectors direct current collection circuits between rows of solar arrays that are no more than four (4) feet above grade crossings substations switchyards and circuit voltages greater than 34 5 kilovolts (where ncessary) 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 10 Stonuwater management The Operator of the SEF shall comply with the approved Final 11 Drainage Report and the regwred Storm Drainage Cntena pursuant to Chapter 8 Article XI of this Code Ground mounted solar collector systems shall be exempt from Impervious surface calculations d the sole under the collectors is designated hydrologic A or B sotl groups by the Natural Resources COnservahon Service (NRCS) Decommissioning The alts shall adhere to the accepted Decommissioning and Reclamation Plan Weld Ceunty shall have the right to =train the mevocable standby "241 PL2852 Exh,blit H to Hearing Statement Page 10 of 12 DEVELOPMENT STANDARDS (11SR22 0027) -CBEP LAND 2 LLC C. CBEP SOLAR 2 LLC C/O CBEP SOLAR 8 LLC PAGE 2 Teller of credit or other form of financial security to pay for decommissioning to the event that the holder has not commenced decommissioning and reclamation acbvities within 90 days of the Board of County Commissioners order or Resolution directing decommissioning and reclamation 12 The site shall be maintained in accordance with accepted Property Maintenance Plan 13 The property owner shall maintain compliance with the Dry u3P Covenant and Easement recorded September 28 2015 under Reception No 4145503 at all times 14 15 16 17 A Flood Hazard Development Pertnd is required for all construction or development occurring in the gocdplain or 0oodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Maps #0812C 1535E issue date January 16 018 (Sand Creek Fl0,%ain) Any development shall comply with all applicable Weld County requirements Colorado Water Conservation Board requrements as descnbed m Rules and Regulations for Regulatory FloodsEr5 in Colorado and FEMA regulations and requirements as descnbed in 44 CFR parts 59 60 and 85 The FEMA definition of development is any man made change to improved or unimproved real estate including but not limited to huitdings or other structures mining dredging filling graderg paving excavation drilling operations or storage of equipment and materials FEMA s floodplain boundaries may be updated at any bme by FEMA Prior to the 'the any development activities the owner should contact Weld County to determined floodplain boundaries have been modfied During construction all hgwd and solid wastes (as defined in the Solid Wastes Disposal Sites and Facitrtres Act CRS §30 20 100 5) shall be stared and removed for final disposal in a manner that protects against surface and groundwater contamination 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 CRS §30 20-100 5 During construcron waste materials shall be handled stored and disposed of in a mannerthat controls fugitive dust fugitive particulate emissions blowing debits and other potential nwsance conditions The facility shall operate in accordance with Chapter 14 Article I of the Weld County Code 19 During constructor adequate toilet facititres and handwashmg 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 20 Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction of ilia faahly 21 The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code 2°232 PL2852 Exhibit H to Hearing Statement Page 11 of 12 DEVELOPMENT STANDARDS (USR22 0027) —CBEP LAND 2 LLC C/O CSEP SOLAR 2 LLC C!O CBEP SOLAR 8 LLC PAGE 3 O 22 The property owner or operator shall be responsible for cngrunr brig noxious weeds on th_e site pursuant to Chapter 15 Articles I end II of the Weld County Code 23 The access to the site shall be maintained to mitigate any impacts to the public road including damages and/or off site tracWng 24 Any work that may occupy and/or encroach upon any County rights -of way or easement shall regwre an approved Right of Way Use Pertnd prior to commencement 25 The property owner shall comply with all requirements provided in the executed Road Maintenance Agreement 26 Weld County is not responsible for the maintenance of on site drainage related features 27 The historical flow patterns end runoff amounts on the site will be maintained 28 The property owner or operator shall be responsible far complying Kith the Design and Operation Standards of Chapter 23 of the Weld County Code 29 30 31 Necessary personnel from the Weld County Departments of Planning Servces Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable Nme m order to ensure the activities carved out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all appbcable 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 The property owner or operator shall be responsible for complying with all ofthe 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 32 Construction or Use pursuant to approval of a Use by Special Review Permit shall be Exhibit H to Hearing Statement Page 12 of 12 DEVELOPMENT STANDARDS (USR22 0027)-CBEP LAND 2 LLC C/O CBEP SOLAR 2 LLC C/O CBEP SOLAR 8 LLC PAGE the Bcard of County Commissioners through the approval process expires The landowner may notify the Department of Planning Servces 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 wntten notice to the landowner asking that the landowner request to vacate the Use by Speaal Review Permit 34 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most abundant mineral resources including but not hmrted to sand and gravel cad natural gas and coal Under Title 34 of the Colorado Revised Statutes minerals are vital resources because (a) the states commercial mineral deposits are essentssl to the state s economy (b) the populous counties of the state face a ccal 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 Ghzens of ilia populous counties of the state Mineral resource locations are widespread throughout the County and people moving into these areas must 35 recogrnze the various impacts assoaated with this development ORen mineral resource sties are fixed to their geographical end geophysical locations Moreover these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource The Weld County Poght lr Farm Statement as d 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 0070 PL2852 Exhibit Ito hearing Statement Page 1 -of 15 Before the Weld County Colorado Planning Commission Resolution of Recommendation to the Board of County Commissioners Moved by Butch White that the following resolution be introduced for denial by the Weld County Pianning Commission Be it resolved by the Weid County Plamm�g Commisslan that the apphcebdn for Casa Number Apphmnt Planner Request Legal Munn on US amnp do CBEP Solar El LLC Faenielopment PlanaMUse It Speaal Raven PeA fora c'tIgnIeo% E7 outside of subdnewna end Aetonc lamsites m Ne A (Agnallura0 Zone MN1/4 o/ Sedbn 32 Township 7 NRange 65 West of Ne 6i[1 P M ry Colorado :ely g80 -feet aouN o! Couny Road 76ortA appmmnately 13B0.fee1 east of be recommended unfavorably to the Sped of County Commissioners for the following reasons The submided n371r is are In complwnce with the appfica"n requirements of Section 232 260 and Section 23-4-1030 B of the Weld County Code Itls the opinion of the Plamm�g Commission that the apphrant has shown compllancewnh Section 232 220 of the Weld County Code as follows Secbon232220A1-,Tile posed use is consistent with Chapter nand any other applicable code prowaona or ordinance m eRetL Exhibit @ to Hearing Statement Page 2 of 15 �solWon 11SR23 0005 lrenneN Harting Uo CBEP Solare LLC Page 2 Section 2.2 220 A 2 — The proposed use is not consistent vnlh the intent of the A (Agricultural) Zone District Section 23-3 10 — Intent of Ne Weld County Code states Agnc valuable resource which must be protected from adverse Impai undirected business industrial and residenbai lantl uses The A (Ag to ".„rite" and promote agn"Itureas an essenballeature of the use of Fe land for a solar farm and not an agricultural farm when Ne For Far Lateral Ne Courrty is considered brig from un"nlrolled antl I Zone Disinclus estabhshetl .sues raised addressed the water for this property from Section 23 2 220 A 3 The uses which volt be permitted will not be ""babble vntb Ne eunsbng surrounding land uses The property is vnih" five hundred (500) feet of fourteen (14) parcels vnth fourteen (14) homes wdh the solarlet:ftoolpnntlowtedv dig.ehundredfeet of"ne(g)homes specrfirally math and eastofthe SEF footprint Sul(S)sts.. mgpropertyownerstesbfietlaltheheanng that„ ZtITopposedtoths: ct Seversllmpads outsitleolgenerally recognu:edfarming practices indudingfhe humming noise enters impacts on site drainage patterns and conveyance oflmgaton wale impacts onfarm the potential for environmental deVydanbon tlue to leaching of aluminum lead and ie solar panels and most ImportanVy not addressing the Impacts to area vnldh(e t of wild turkeys and nesting raptors well be compatible vnth futures development of and bath the future development as protected apphwble "de provisions or ordinances" Exhibit I to Hearing Statement Resolution USR23 0005 Page 3 of 15 Kennet Honing rlo1,6o,1ara LLC Page 3 G Section 232220 A7 —There lsadequate To1:ctns"`" protection ofthe health safety and welfare of the mhabdanta of the neighborhood and County TZITggn Standards Icitti 132240 Wald County Coda) Operation Standaes(seTant; 2250 Weld County Cade) Conditions of Approval end Development Standanls cen ensureNat there are adequate provisions for the protection of health safety and welfare of the Inhabdams of the neighborhood and County This proposal has been reviewed by Ne appT!'enl a referral agencies and d has been determined that Ne attachetl conditions of approval end tlevelopment standards ensure Nat there are adequate proviswnsfor Neprote Tnndl Nehealth safetyandwel(area(themhabrtantsoZI:atghborfai!Snd ceunty and will address and mNgate impacts on Ne surrounding area wlh Ne mstallahon of Nis SEF This receZZId gra is hasetl m pal upon a review of tI :gco bon matenals submmed by the epphcent other relevant information regarding the request and responses ham referral entities A Theapphcent shall attempt to address the contains ofNe Publie Semce ofColoredo (%cal Energy) as stated intheir referral tlatetl February82023 Evidence of such shall be submitted to the Departmental Planning Services (Pubhe Sernce of Colorado) B The apphcent shall address Ne contains of the Gale Leterel and For Far Laterel ditch compames as staled in lhevrefertal dated February 182023 Evitlence of such shall be submitted to the Depalment of Piamm�g Servmes (Department of Planning Semces) C The applicantshall sublet recerded evidence that the eighteen (18)footvnde a¢ess easementacross LotA of RE 7634recerdetl untlerrecepflon no 2419897 dated Oecemher2l 1984 and 1ntARE4163 rerorded untler reception na 3335453 dated October 28 2005 may he utilized for access to Parcel 1 and Paroel2 formerly partof LotBRE-4163 and now part ofVaceUon Plat recorded underrecephon no 4867393 dated November l6 2022 Evidence of such shall be submitted to the Departnent AC,'L% Semces (Department of Planning services D Theapplicanlshallsubmlafenci117,1en forreviewandaxeptancednotu rZtheepenmetergame lance vnth gates as sfatetl in the epplicehan matenals (Department of Plannarg Semces) E TheaDPhcent shall submdto the Oepartmentol Planning Servicesany sveernng warverefrom residents wlthm five huntlretl (500) teal If waivers are not obtained opaque screening is required per the arseptetl Oepartinent of Planning Semces Lantlscepe and Screening plan (Department of Planning Services) F II uuhnng a vegefatrve matenal Por visual mitigation to sveen Ne facility from adloimrLq propeNes to Newest and north Ne apphcent shall submit an vngation plan to the Depalment of Planning Services for review and acceptance (Department of Planning Semces) ARoad MamlenanceAgreement (Construction)iaregmred at Nis location Raad maintenance inGutles but is not hmded to dust central and damage repaa to speuhed haul routes tlunng eonstruction (Development Review) H The map shall he amended to delineate the following Exhibit I to Hearing Statement Page 4 of 15 ResolWon USR230005 ICennein Hamng Uo CBEP Solar 6 LLC Page 4 The map shell be prepared m accordance with Section 2'2 260 D of the Weld County Cade (Department of Plamm�g Semces) 4 Any existing and proposed solar facrlily Installations end electoral equipment power lines structures temporary work traders storage containers (Umded to two (2) per Section 2r3 30 B of Ne Weld County Code) storage areas and miscellaneous Improvements as applicable Clearly indicate which dams are temporary for use dunng construction and whmh dams are permanent (Department of Plamm�g Semces) Requned Penang gates and any emergenry and sde identification signege m acoordance vnN Section 23-2 240 A 12 and Section 234 1030 C 6 of the Weld County Code (Department of Planning Services) On -site lighting d applicable All lighting shall he dawnaist and shielded so Nat fight rays volt not shmedireGlyont list ntproperhes InUudellghUngspeaficehon'e:p r Dottie USRmep Referto Section 234250D otthe Weld County Cotle fortlesign ratena (Departinent ofPianning Servlces) Te=o7llirclo abs Ifapphcable Sectlon232240A13ofthe Weld County Codeaddres "P7 Issue of trash collection areas (Department of Planning Services) Setback radiuses forexisting oiland gestankhattenes wellheads and enambrences dappliceble Setback requirements ere located m Section 23 3 70 E of the Weld County Cade (Department of Planning Semces) Planned oil and gas surface development eras cerndars access roadways etc as part of any executed Surface Usa Agreement d applicable (Department of Planning Semces) 10 S renTur planforresidences wdhinflvehundrerfc9eC kel unlessawarver rig resident has been supplied to the Depadment of Plamm�g Semces (Department of Planning Semces) 11 CR 39 is a paved rod and is designated on Ne Weld County Functional Classification Map as a Iccel road wNrlr requires 80 feet of nght of way at full buildout The epplirant shall delineate and label on Ne site map Ne futureand existing nght o! way (along with Ne documents creating the existing nght of way) and the physical location of Ne mad All setbacks shall 1: measured 6om the edge of nght of way This roadie maintained by Weld County (Development Review) 12 CR 76 is paved road and is local road which regwres 60 label on the site map Ne fuh ewating nghtbf way) and the atlge of nht-0t way Thisro noted on Ne Weld County Functional Classification Map es a nght of way at full budtlout The applicant shall delineate and 1 ewsbng nght-of way (along wiN the dowments aeatmg the :al loeationoflheread Allsetba:op.ent measuredirom the raintametl by Weltl County (Development Review) 13 Show and label the existing proposed access point onto CR 39 and the usage type (Agnculture Residential Co,Truc VlndusN9l or Od end Gas) Development Review will review Ne access loration as a part o! Ne plan submittal (Development Review) 14 Show and label the drainage flow ann. (Development Rem., 15 All recorded easements and ngntt way shall he delineated on the plat by book and page number art reception number (Department of Plamm�g Semces) 2 Uponcempletion of ondition',,Approval#labovethee,,titan`shallsubmitone(11:`,omccopy(pdf) orthe maplorprelimmary appravaltc the Weld County Department of Planning Services Upon approval of 0 C f C� Exhibit 1 to Hearing Statement ResolWon USR23-0005 Page 5 of 15 Kenneth Honing Uo CBEP Salar6 LLC Pape 5 the map the apphrant shall submit a Mylar map along with all aNer documentebon regwred as Candltiona of Approval The Mylar map shell be recorded in the office of the Weld County Clerk and Ir "derby the Department c! Planning Semces The mop shell be prepared In accordance wdh Ne requuements of Section 23 2 280 D of the Weld County Code The Mylar map and addnional requuements shall ba submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolubon The applicant shall be responsible for p ying the recording fee (Department of Planning Semras) In accordance with Appendix 5J el the Weld County Code shoultl the map nal be recordetl vnthin the sperJged timebne from the date of the Board of County Commissioners Resolubon a $50 00 recording continuance fee shall be added for each additional 3 month penod (Depanmenl of Planning Serves) A The approved access and dadnng control shall be constructed poor to on -site construction (Development Review) If more than 1 area ie to be tlisturbetl a Weld County gredtng penndvnll be regwretl poor to the start of consWdion (Development Review) C Theapphcent shalct7tanirrevocablestandbyletterofcledit bontl or alternate form ofsecuntyinan amount suffiaenl to fund the esbmatetl decommissiomnglreGamahanoasts requved by Sedicn 23� 1030 B 4 of the Weld County Code for acceptance and approval by the Weld County Board o(County Commissioners Once approved the Dece e'ple oning and Reclamation Plan shall be undated to include the approved secunty Informebon (Deparbnent of Planning The Use by Special Review Pennd is not peAected until the Conditions of Approval are completed end the mop is recorded Achwty shell not occur nor shell any budding or electncal permsa be Issued on the property unblNe Use by Specal Review ptalis ready to bererortledmthe aRce efthe Weld County Clerk and Recorder ar the applicant has been approved for an eady release agreem Semces) Exhibit 1 to Hearing Statement Page 6 of 15 Resolution USR23 0005 Kenneth HamnB Uo CBEP Solarfi LLC Page 6 Motion seconded by Sam Gluck VOTE Far Darnel Elqah Hatch Slup Holland Sam Gluck Butch While Pamela Etlens Michael Wailes Michael Palrszi The Chab deGared the resolubon passed and ordered that a cgVed copy he forwarded wdh the file of this case to the Board of County Commisaionera for further proceedings Cemficahon of Cow I Knsbne Ranslem Recartlmg Secetary for the Weld County Planning Commission do hen:by certity that the above and foregoing resolubon is a We copy of the resolubon of the Planning Commission of Weld County Colorado adopted on March 7 2023 Dated the T^ of March 2023 KnsbT nnsle Secretary 0 Exhibit I to Hearing Statement Resolu6an DSR23 0005 Page 7 of 15 Kenneth Hamng Uo CBEP Solar 9 tic Page 7 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Kenneth Harnng USR23-0005 Site Speafic Development Plan and Use by Speaal Renew PertndPoraSoler Fsergy Faahry (SEF)oulslde of subdlwslons and hlstonc townsdes in the A (Agncullureg Zone Olstnd subted to the Development Stantlards statetl hereon (Department of Planning Semces) 2 Approval of this plan may create a vested property nght pursuant to Section 23-8-10 of the Weld County Coda (Department of Planning Semces) Thefaahtylsunmannedand vnllopereteyeeer Limded matntenancepersonnelmaywsdmasdeonce operational (Department of Plamm�g Services) Helghthmitehon Greund•mounted solacolledors shall not exceedtwenty five (25)feetmhelght measured from the hlghest natural grade below each solar panel to the hlghest extent of the solar panel rotation (Department of Planning Semces) Glare TheSEF shall ha placetlso metcancentrated solarglare from its solar celledors well not be tliredetl towardorontonearbypreperbeaorroadwaysatenytimgath day (Departmental Planning Semces) 15 Dustmlhgahon Theoperetore of the SEF shall continuousty employhepraeticesforconlrol offugihve dust d m their accepted Dust MNgation Plan per Section 23-0 1030 C 4 of u Weld County Code as amended (Depadment of Planning Semces) Underground cables All electileal cebles onmelmpravedarea shallhebuned exceptfordlredcurrentstnng wires that conned between solar celledore deed current collection c rcuds between rows of sdar anays mat are no more Than four (4) feet above grade aossings substations sntrhyarde and arced voltages greater man 34 5 Wievolta (where necessary) (0epertment of Planning Semces) Fenang The SEF shall be endosed vnm a seeunty fence es accepted pursuant tome Fenang Plan as presentedmheappllcehonmatenals Appro 'teii l rnfEhallheplaceduponsuchfenangmatwamsme public of he high voltage therein (Department of Planning Semces) 10 Stommvater management TheOperetor of he SEF shall comply wlh the approved FinalDremage Report andmerequlredStorm Drainage Cntenapurauantto Chapter8 Am viofhlsCade round-mountedsoler wlledor systems shall he exempt from Impetuous surface calculations If he sod under the rnlledore Ie desgnated hydrologle A or B soil groups by ma Natural Resources rctservahan Semee (NRCS) (Department of Planning Setuces) 11 Decommisslamng Tha sde shall adhere to ilia accepted Decemmissiornng and Redamation Plan Weld County shall have he nght to tlraw upon me Irrevoceble standby letter of credit, or amer form of finenaal aecenty to payfordecommisslomng m me event maths holderhas not wmmencetldeeommisslornng and reclamation echwhes vnmin ninety (90) days of me Board of County Commissioners order or resolution duetting decommissienmg end rerJamabon (Department of Planning Semces) 12 Tha ste shall he matntwned 1p accordance vnh accepted Property Maintenance Plan (Departinent of Plamm�g Semces) Exhibit Ito Hearing Statement Page 8 of 15 Resalu4on USR23tltl05 Kenneth Hamng do CBEP Salar6 LLC Page a 13 Dunng CenetNCaon all hquitl antl solitl Wastes (a5 tlefinetl In Ne Solltl Wastes Disposal SRes antl FaalNes Acl 30 20 100 5 CRS ) shell be stored antl removed for final disposal m a manner that protects against surface and groundwatercentammabon (Department ofPubhc Health and Ervnrenment) 14 Dunng construction no permanent disposal ofwastesshall be pertnitted et this site Thlsls not meant to mGude Ihase wastes speuficelly excluded tram the d :Prat n of a solid waste m the SoEd Wastes Disposal Sites and Faeihhes Act 30 20 100 5 CRS (Department of Public Health and Environment) 15 Dunng consWchen waste metenals shell he handled stored antl tlisposed m a manner that controls fugmve dust fugNye particulate emissions blowmg debns and otherpolenbel nuisance condtbons The facility shall:,',:i m aaordance ti,s Chapter 14 ArM1de 1 of the Weld County Coda (Department of Public Health and Environment) 16 Dunng construcM1on adequate toilet fenhM1es and handwashmg units shall be povided Portable toilets shall be semcedbyarJeanerbcensedm Weld County canlam hand sandrzers hescreened from puhlie view antl removed when censWcaon is completed (Department of Public Health and Environment) 17 ro'firedustarge;a rvepamculateemisaionsshallbe7,rer ledlhreughoutthedurabonofconsaucbon of the fauhty (Department of Public Health and Environment) 16 The operation shall mmplyvnth all appliceble etg antl regulauens of State and Federal agencres and Ore Weld County Cade (Department of Puhhc Health and Environment) 1S Thepropertyewneroroperatorsha erdlsponsibleforconirollmgnoneusweedson the a" pumuantto Chapter 15 ArurJe I antl II of Ne Weltl County Catle (Development Review) 20 Theaccessto the sde shall be maintained to mitigate anyimpacts to the public mad including damages antllor oR site tracking (Development Review) 21 Anywarkthat1,'_7' upyanderenaoachuponany Countynghlsefwayoreasemen`shall acqulrean approved Right -0f Way Use PermR poor to commencement (Development Review) 22 The Property Owner shall comply mth all requve a' provided m the executed Road fvlanlenance Agreement (Development Review) Exhibit I to Hearing Statement Page 9 of 15 ReaoluLan USR23-0005 Kennels Kemnp o CBEP Solar a LLC Pape 9 27 Theproperty owneror operator shall he responsible forcomplying vnN all ofthefaregomg Development Standards Noncompllanco vnlh any of the foregoing Development Standarls may he reason far revoption of the Pennd by the Board of County Commissioners 28 ConsWction or use pursuant to approval ofa Use by Speaal Review Pertnd shall he commencedvnNm three (3) years from Ne date of approval unless athervnse specked by Ne Board of County Commissioners when issuing the ongmal Pennd or the Permdshall be vacaletl The Dvector of Planning Semcesmaygrentanextensmnorbme forgoodcauseshown uponawnttenreq :Ley thelandowner 2a A Use by Speaal Review shall terminate when the use is discontinued for a penod of three (3) consecusve years Na use gig lantl changes ar Ne time penotl established by Ne Board of County Commissioners through the approval process expires The landowner may notify Ne Department of Planning Services of a terma®6on of Ne use or Planning Services staff may observe Nat Ne use has 6eeDepart ant When eitherthe Department of Planning Servicesisolfietdr"' adntleari orwhen the Department of Planning Servces observes that the use may have been terminated Ne Plannershell send al:V wntten notice la the landowner aslung that the landovmer request to vacate the Use by Speaal Review Permit 30 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of Ne mast abundant mineral resources mcJuding but not limited to sand and gravel oQ natural gas and coal Under title 34 of the Colorado Revised Statutes minerals are vital resources because fa, me states commec'r mereldeposdCtia:g entiat to the stateseconomy (b)the populous countgglco reat::e faceacnucal shortage ofsuchdeposds and(c)such tleposns should he extracted acoordmgWarehonal plan calcuttfilfoavoidwasteofsuchdepostsand cause theleast practicable disruption'the ecology and quality o(Ide of the atizens of the populous counties of Ne state Mineral resource locations are vntlespread throughout the County and people moving into these areas mustrecognize thevaneus impacts assoaated vnN Nis development Often mineral resource saes are fixed tothevgeagre,'N'Ir ndgeophysIrcoVd whons Moreover these resourcesareprotected property nghts end mineral owners should be afforded the opportunity to extract Ne mineral resource 37 WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most produ:cis! agncullurel counties m Ne United States typically renlung m Ne lop ten counties re the country in market valueofegnwlturalproducts sold The mrelareas afWeld Countymey be open and spaaousr agnculture Persons moving mle a ruraarea must recogn¢e and acdinlong-stanreprecbceand a loNer levgacks camehich alld urban dwelle relocate la ruralareas openviews spaaousness x�ldlife lackafaty noiseand congestion and Nerural atmasphereandwayothfe WiNointsr hbonng farms thosefealureswhieh attracturbandwAlerstorural Weld County would quickly he gone (Qever Exhibit I to Hearing Statement Page 10 of 15 Exh,b,t Ito Fiearmg Statement Page 11 of 15 Tuesday March? 2023 A regular meeting of the Weld County Planning Commission was held in the Weid County Administration Bugding Heanng i 1150 o SVeet Greeley Colorado This meeting was raged to order by Chalr, Efjah Hatch at 1 33 Pm fl Exhibit 1 to lteaong Statement Page 12 of 15 C Exhibit I to Hearing Statement Page 13 of 15 Mr Grammer referred to Ms MAlers statement of the wew from then top deck and seal that there Is not e lot that they can do about that However the panels when they are fuly tilted x�ll be about 10 feet tall so they should still be able to see over the top of the panels Mr Grammer said that there is no glare and wdl be happy to forward the glare study re anyone Mr Bremmer stated that they have no wnent plans to remove the cottonwood trees Nat the awls habitat in He added that he is not sure Nat Ney are on the epphwnl s property tine Mr Grammer said that they were aware that the property tied arrr t rights but based on the research that Nev ellomeys conducted the wnying rights were super)unior so Nat is why they locked at other options lMNregardto Nedramageoflhesde Neydldsubmita rage atatgandfoundihatlherewaslaTiLTct to the ne�ghhonng properties or the ddches Mr Brammeradded that they do have leadbased solarpanels however d is the same amount as what rs in a shotgun slug Ha added that a order for Ne lead to ba released into the water or ground the panel would essentially have to explode for b break mtoLttle chunks and he ties not seen any sort of event Nat would cause a panel to explode unless done mteneonally Mr Brammer said that there is en ewsM1ng transmission tine Nat Is slang the field end this facility vnll be connected to that line Ounng cons'shs there will be 10 tt 15 cars per day but xsll last four (4) months and then they will only access the sde as needed to maintain the land He added Nat they wtll comply with all Ne Weld County setbedcs Mr Bremmer said that Ney don t have a plan for flies insects end manure as Ney dldn t think about that but added that they vnll have a plan to amount far that Wdh regard to the remaining property Mr Hamng has to the west Mr Bremmer said that he is not sure what his plans are Commissioner Holland asked d Nay ere aware of the p Here is a Beld Eagle and Golden Eagle Protection Act+ on of"" Bald Eagles Mr Grammer said that for each ono of their protects Ney have to look for an eagle nest vnthm Ne atTcandng area na added Nat d there are active nests when Ney start construction Nee they wit only start o f bald eagles doing tunes of the year outside of then nesang season Mr Holland asked d they are aware of bald eagles m am area Mr Bremmer said that they have found Commissioner Holland asked stag d they were aware of the bald eagles the area Mr Ogle replied no Mr Holland asked d this same mncem applies to the awls in the area Mr Ogle said Nat the same applies to Burrowing Owls where there era certain periods o(hme during the worse of the wlendaryear where Ney cannot be actively arountl wnsWcM1an Commissioner Edens asked d Nere has heen a process to dmde the property Mr Ogle said TIT; Hamng elected to vacate Lot B of the Recorded Exemption end Nen split R by deed and created two (2) 5•acre parcels Bolh are legal and buddahle paroels Ms Edens said that the County records show that is taxed a good ungated ground Mr Ogle said that is aworrng to Ne Assessor's rewrd however d Is not classified by Ne Planning Oepadment The Chau said that the purpose of the bond is d the applicant defaults d would take care of the dewmmissiomng of the protect Commissioner Wailes said Nat he is wneemed about Ne vnldhfe and asked d a response was rewwed from Ne Coloredo Parks and Wddhfe (CPAW) Mr Ogle said Net a referral was sent to , however they did not respond Exhibit I to Hearing Statement Page 14 of 15 , Commta:hao er Pa hafgsaid that CPAW has online maps and added that he is curren0y looking at map that deem t show anything wdNn that entire section related to eagles nests ITT:s ere PalIg asked the applicant That d they are able to wss that ddch how they plan to do that Mr Bremmer said that the plan would be to install a culvert Ihet allows water to move freely through R end build a line that is tall enough to connect to the gnd Mr Pel¢zi said that his expenence m working %nth ddch companies is not that easy and referred to their letter that you need to Drove no dramace enters then ddch Mr Grammer Bald that this is eddies Commissioner Par" asked d he has had areaZs %ath all these concern &ammer said that a lot of then projecla are loo sera to tell but early signs are promising project in Sterling that lheyjust wrapped up and the pastureis IooWng good al the moment they haven t had any negative impacts on any of then projects and have keen able to k going Commissioner Hatch referred to the Miller home and asked what the distance is from where the proposed solar :i is to then property Mr Brammeor said that from the fence Ime it is approwmarly 200 feel to the residence and approwmately 1000 feet to the mverlere Mr Heleh asked d any of then other projects have been this close to reeT3afe l properties Mr Grammer said that they haves property wdhm the Town of Milliken where they were 25 feet from a residence The Chav asked the appticenl rf they have read through the Development Standards and Conddions of Approval and d they are m agreement with those The applicant replied that they are m agreement Mohan Forward Case USR23 0005 to the Board of County Commissioners along wdh the CondNone of Approval end Development Standards wdh the Planning Commission s recommendation of dens3l Moved 6y Butch White staling that d violates Section 23 2220a A 2 by taking productive farmland out of production and d does not meet Section 23 2 220 A 3 as ra not compatible vnlh the existing surrounding land uses Seconded by Sem Gluck Commissioner Holland agreed wdh the recommendabon and added that he believes d is also net compliant vnlh Section 23 2 220 A fi relaWe to prapedy conservurg pnme egncultu2l land m Weld County Commissiener Wades questioned d that padicular parcel rs designated es Pa"' farmland Commissioner Pali referred to the stall recommendation where d is stated that no pnme land has been taken out of production Commissioner Paliai referred to Section 23 2 220 A 2 where d steles that The Agnculturel Zone Disinut is intended nt provide areas for the conduct of agncultural actmhes end ectiwhes related to agncolturel and agncultural production and for areas for natural resources exhaction and energy development without the mtederence of other incompatible land uses He said that this is energy development and in his opinion it us compatible Vote Motion passed (summary Ves 5 No = 2 Abstain = Oj Yes Butch Whi Elijah Hatch Pamela Edens Sam Gluck Skip Holland No Michael Palizzi Michael WaOes Commissioner Hatch stated that he: voting for denial not nec :', for the reason of taking tt out of pnme land He added that he is favorable to solar and operates a solar husmess but m this stuation he is not sure that d is compatible wdh the surrounding land use of the individuals that are there Meeting adjourned at 410 pm gects Mr hey had rdded that Respectfully submitted Knsbne Ranslem Secretary Exhibit I to Hearing Statement Page 15 of 15 63: t:Te sera S f-- K 161% sn .T. seA.---Y 1 ober r- r^-� i „Q EJ00 7-4 r f bra F r tilz\T N 'John Doe NAME - PLEASE PRINT LEGIBLY .w- 00 t _ V Sk 1 ,'� (13 :S1 � n ,,,, O it- a o t -� -z c G1 co, Vtfl V n w u i , O tzorh 1 6'�,; N. i0 3 4C if/fl Ed 76 %/t Ci? tetlbffra .___ 6 � ,, n� Li — LAS � te � 6' P r� 3 • N. le J � P ¢' b c e•-•.. � \ � `f T , .. -- � � s O opt s + J 123 Nowhere Street, City, State, Zip ADDRESS ___,..0...c lN' ^9 -zs svn 4.,i � rap � -ti 'i +�, G A ^ G -- 64 3 kh ,, v c' it)ei � g mks 0 -C„1 G.. r �- u`- r t. • - ;4 t I 14 1 r - wisourrAwricai .114+ 410 r) . k Qi , 11d6+oesLCQol N m V' 1 0 to , h t GHOJ38 3JNVGN311d Exhibit J to Hearing Statement Page 1 of 3 RESOLUTION RE ACTION OF THE BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR23-0005, FORA SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT - KENNETH HARRING, C/O CBEP SOLAR S, 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 admmistenng the affairs of Weld County Colorado and WHEREAS, the Board of County Commissioners held a public hearing on the 22nd day of March 2023 at the hour of 10 00 am in the Chambers of the Board for the purpose of hearing the apphcaticn of Kenneth Ham 5820 East County Road 1000 South Cloverdale Indiana 46120 do CBEP Solar 6 LLC P O Box 1255 Sterling Colorado 80751 fora Site Specific Development Plan and Use by Special Review Permit USR23 0005 for a Solar Energy 'oar= acility (SEF) outside of subdivisions and historic townsdes m the A (Agnculturaq Zane Distract on the following described real estate being more particularly described as follows Being partof the NW1/4 of Section 32 Townstep 7 North Range 65 West of the 6th P Weld County Colorado WHEREAS, on March 22 2023 the Board heard all of the testimony and statements of those present and reviewed the request of the applicant fora continuance and having been fully mfortned continued the matter to May 3 2023 at 10 00 a m to allow the applicant adequate lime to address the concerns of surrounding property owners and WHEREAS, at said hearing on May 2023 the applicant was represented by Zach Brammer Cloudbreak Energy Partners P O Box 1255 Sterling Colorado 80751 and WHEREAS, Section 23 2 230 of the Weld County Cade provides standards for review of said Use bySpecial 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 unfavorable recommendation of the Weld CountyPlanning Commission and all of the exhibits and evidence presented inthis matter and having been fully informed finds that this request shall be DENIED for the following reasons 1 The applicant has NOT demonstrated that the request is in conformance wdh Section 23 2 230 B of the Weld County Cade as follows A Section 23 2 230 B 2 —The proposed use IS NOT consistent wdh the Intent of the A (Agnculturap Zone District 4922091 Pages 1 09/22/IBI3 10 St M a F�aof 30 00 0.r IY Rwo Y 0I�rY uM F� ortl�r Y�IE Caun[Y CO iitiii�if� i�il{��lflil i b�'Y�INYi1 iiiWitm�III 06 fag/13 09/26/27 2023 0763 PL2862 Th Exhibit J to Hearing Statement Page 2 of 3 DENY SPECIAL REVIEW PERMIT (USR23 0005)- KENNETH HARKING C/O CBEP SOLAR LLC PAGE 2 1) Section 23 3 10 - Intent states Agnculture m the County Is considered a valuable resource whroh must be protected from adverse impacts resulting from uncontrolled and undirected business Industnal end residential land uses The A (Agncu/turep Zone Dlstnct is esta6hshed to maintain and promote agnculture as an essential feature of the County The proposal does not meet the intent of the A (Agncultural) Zone District due to the fact the land is imgable and could still promote agnculture as water is available to renNease from the For Far Lateral and the parcel is currently being used for an agncultural use fi=nally there is concern that the use could negatively affect surrounding agncultural parcels due to the potential spread of Catarrhal Fever to nearby Iiveospt: The Residential Well Pertnd is insufficient to support the proposed use of watering livestock and establishing trees and landscaping on the parcel Section 23 2 230 B 3 — The uses which are proposed are NOT compatible with the existing surrounding land uses as the uses surrounding the proposed site are residential and agncultural The use of water trucks is not suffiaent to establish the dry land grass which would mitigate dust blowing off of the sile and aHechng surrounding properly owners Section 23 2 230 8 8 — The applicant has NOT demonstrated a diligent effort to conserve pnme agncultural land in the locational deaswn for the proposed use Because this land has histoncally been imgated with raPir Aeased water and is currently being used for agnculture the applicant would betaking agncultural land out oT production NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County Colorado that the application of Kenneth Harring 5820 East County Road 1000 South Cloverdale Indiana 46120 n/o CBEP S01ar 6 LLC for a Sde Specific Development Plan antl Use by Speaal Review Permit USR23 0005 for a Solar Energy Faahty (SEF) outside of subdivisions and 1: anc t r::;t s in the A (Agrtheth rap Zone Dlstnct on the parcel of land descnbed above be and hereby is denied 9922091 P ges 2 of 3 Cer==Kwen,� lLlarh a�rd R„a�G, SOY�IE C,imty CO 2°24%2 Exhibit J to Hearing Statement Page 3 of 3 DENySPECIAL REVIEW PERMIT (USR230005,- KENNETH HARRING C/O GIMP SOLAR 6 LLC PAGE The above and foregoing Resolution was on motion duly made and seconded adopted by the following vote on the 3rd day of May A D 2023 BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO 4922091 Poaaa 3 of 3 09/2I/3033 10 1 M R F�a S0 00 Orly Nopwr IrY end Rye rtler Wltl CeinlY CO VIII Nlf1� i, r; 4gdi4,d'ea i iiii„ i,,k L, „u 2023 %2 PL2862 Exhibit K to Hearing Stateme Page 1 o'_ _ F Parcels i Owner:RAY DOROTHY E 0 Account 86785206 Parcel: 080 34200001 Address.: 21308 COUNT` ROAD 64 WELD Subdivision: Section: 34 Township: 5N Range: 65W Taxes ► roperty Report Data Search. Buffer Saes Owner: RAY RUSSELL S 0 Account: R6785206 Parcel: 080334200001 Address: L. t 308 COuM ROAD 64 WELD Subdivision: Section: 34 Township: i Range: E5W Taxes Property Report Data Search Buffer Sales Displaying 1 - 2 (Total' z) Ail 4 Page 1cf1 i► ore ar:IN• t : _ Parcels 1 2 �..1� t tat: �. 53E -7 Si -.4.2 .131t. %e a twin a . • • • S . -A a r• tines.* r - - .a Exhibit L to Hearing Statement Page 1 of 19 USR23 0021 Applicant: Dave Weinmeister, c/o CBEP Solar 13, LLC Planner: Kim Ogle Request: A Site Specific Development Plan and Use by Special Review Permit for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Legal Description: Lot B 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. Location: North of and adjacent to County Road 54; approximately 0.5 miles west of County Road 49. Punic hrintty concerning this property will be heard before the Planning Commission and County Board of County Commissioners Both hearings will be held at WELD COUNTY ADMINISTRATION NBUILDING 1150 "0" Street - Greeley, 1 Ntanning Commission I-Ieanng will be hold on _AN 134 .J=� will t� hold on Board of County Commissioner Meaner) u.Sr.7 at ... caEP solar 30. I LA, - Zaer, Br,mmer i— Special Use Pnrtnit Site Specific Development Plan and Sl for a Solar Envoy Facility (SEM o ei tonde of iviston:+ me M5tOti. lowncitos in e A (Agricultural) r)tSirit, PLEASE CON I AC.T FOR FURTHER INFORMATION 1401,0 bAgf AT THE WEI.DCOUNTY DEPARTMENT or PUNNING E .rYftES, At 970•rf11.1- 15001 on l► to . li. visit 1Wvw. VJeltlaulily{4nrinln acts erg niie+ anri.« ..4.•..s ww -.-' .... ... r.e.r.• A fYYe .. .bri6r<K . Wr V,trI .1.14'. ISO Itelilites40•446 low •, }�..♦ �.. 1:11` ... -1 .. wM++-!t•d"'^'nw rMW � A R; t'1 „ ► rill11)11r Itr, h<tnrlr; .Us 1 cone:ti ping this promise()) 4711 1�trulr1,t tM/rl>,DrtJt>rrR>, 1 rn. r7r no Cavrtmksnrrin and n ux • County ft of County C.nrrrrlli'rWxNhNR and) tinattnpy will N. hu/prat WEt-o COUNTY AOMINIST 1150 "O•• Street ' RAT IONlLO1NG GrnGreeley.806 CO BUG.?1 rlrrr,•.,r,r. r ^, ‘rZS'It 13cr i t+aMtoi rrt County r', rrnl Mai r•,r.en N<+7.ol.t. T•. Is. lX•n: ' ' • Ca We. %eon.. Aw.+____ _•• •- de •flrr ••••••••• 4rw.., 4 N .• ev�...as M.j1`dMW.tw. sent---, .. raw.e....•...... , t • .. •.l.nvgitii I , I' �y 1 . 1\ Exhibit L to Hearing Statement Page 2 of 19 4 rj .y Exhibit L to Hearing Statement Page 4 of 19 Chapter 4— Future G r a wt h KERSEY. COLORADO 'Future Land Use • Large Scale .SRS—seaass is En sae mimeo Ted'-- ..�-r- Z. 'r 1 _ "t D F' . F'il I ro c 3 4041/Permoi:4 i -pee 1.4 $4' USR23-0021 I m ars,p P. fin al D u ■l n ass s Martini i see art. r I tt; 0 Imm.. i-.'i S— . -e > ate• -aS .tm..a.aac- as- si.I'm'..••,--E M 11 lied RIP" F' Rita Ut rtill Wi its -t ars.X tts side ran ai Da•M'raaw n PANS U sw 1440viarty An ttil,►1� U Corm, S SeilOOK t�=,+e--mt. t ' fir_Irc Co mart Parks aril Capon :Ito Dula P if; Pt % • LKtn !eclhslras & stir Cart ®as ess Dis 1r"io La Mil. sr" red Usti I' Seism Ss lair . .4 . I • -r. a t 1 r • • z. _a. IOW Craj Pelltali PI uMtr. Aims st• C•znsPuitirsesit ranee.? ParcNct EPao y Pik ni wit a 1 Fs..4b1pan.' .Nn tar NMI kesintikv Rte.ri4ai Finissrbil w a S A. 14 11L , fly quo ASsOcuuES, LL{ BAs Ewa — ai .,. +• eta!!nor ti -� Exhibit L to Hearing Statement Page 5 of 19 Lower Latham Reser you AVIES Future Land Use Weld County! Colorado AYRES AS_S0CIA1. 34'4 03Kwacd Ills Parkway Lai Claire, WI t4701 Proeect 51-0466 • 8.23.2021 MAP 1 11111 t11/U. 1N. 1/, ,�• It llq Util 1111 •It 1111 titll t^•fcCa t�II IIIitil t/'rc'Z .: LLL WELD COUNTY, CO ..0 I,IIIIINI uu,, IIII,iII„II111� m un�uunuuui GREELEY USR-808 RECREATION FA'C PRIVATE 1Z --w iTa " USR•852 SUP -306 OIL & GAS PRODUCTION FACILITY GRAVEL'MINING MU SR 12-0012 -RV PARK, STORAGE & RECREATION P USR 18-0064 TRUCK PARKING 1 USR13.0048 OUTDOOR STORAGE, PARKING • USR-1208AM RECREATION FAC., PAINT BALL'S;. • 9I U SR 19-0012 MINERAL RESOURCE DEV FAC. v.1) SUP -457 DAIRY 530 Li 4,1 I USR 15-0063 MINERAL RES. DEV. FAC fir 1 MU SR13-0004 FARM, LEARNING NUNTING , USR-1413 USR-704`,,, ' PAINT BALLPARK L.C.O 140 HEAD - tr.; ` • U WCR54.5 USR23-0021 CBEP 30 LLC USR-1478 CONCRETE BUSIN ESS /. P. C USR18-O129 OIL & GAS SU PPORT, SE RVIC E FAC. 'S ,.. 1U SR 19-0008 )12 INCH HIGH PRESSURE NAT GAS Exhibit L to Hearing Statement Page 7 of 19 ct U' USR 19:00s8"f --T 1 1 - SECOND SINGLE FAMILY DWELLING I r-7 USR-517 AG CHEMICAL -SUPPLY BUS.'' It USR18-0056 12 INCH HIGH PRESSURE NAT GAS USR11.0024- t NON -1041 MAJOR FAC. '10" PIPE • CR54.5 • SUP -139 TURKEY FARM 1�00.000 J 11 CONCRETE BUSINESS USR-1274 VEHICLE STORAGE, REC. USR15-0063 MINERAL RES. DEV. FAC. Exhibit L to Hearing Statement Page 8 of 19 54 \NestIt et • • OIL"AND GAS SUPPORT FACILITY I KER SEY ,, ., % 4. I. I. ~ USR 18-0056 �= >12 INCH HIGH PRESSURE NAT GAS USR11-0024 NON -1041 MAJOR.:FAC. >10" PIPE II 11 Exhibit L to Hearing St Page 9 atemof i9ent iP nswswAuu leQPnov no a,Plw ornwW R!F]vnox oirz s/iRnm7 INOTA rARp pvYMP �� VS2,1 rRWI °. @Fluor KMRIT Lr IGW 9Rwrcm FR rIE@OmL urnonwTcracc OF En GIRT Rp[f] "1.OICNrKFMFIT PFCNU P4BDI] 9 Wi1lN1Q1�(d [M 9J@G11LGGipN /�� -' GI PPOP rIPELNF 1�� P Rntt wn Jour olnot,„,„„ R �L�`- Rlctonox xo. ]R99],o orRPrtc rPCP on•Np� � R[QrRON YRR 11]Ar1W] � r PufW6GA` INYiS `A2Tae 13@.`JITJ I // [I,tTUC,CII dHOLu I / pwsEnnovRE- - REcrm sJvmA . rxan nxE 1 �`@Pwvr callo �T uununrolF mrlJ rv.vnlm KPIrEUNES PmrnN mPl FEGKMFi@EMnGp[ pwnicRNn@ [Frio@amcmcmn 11WYxfL .R]]PROPtIf/rtJF1RW � �t'�ry.PNF,xw»I nFcanLlOswnwxisT@ oxxo Wns_ro orRwis arvoxwTr9/,snms INmArAml YARr4susANAuu AEfIDnONN0.Jrz1740PRW¢ R¢EmYNp11TCR7F/701t pOrAPARl1 f.EGr GWFRGAD PROP POlmv [oxaw _ NIfAWNM[CNGN R[IA w37J [R mH@ErF S@ItI11Gr, I RlG'tMP lNIL>RIE IlnPl cuwruaauxorpr �\\' VNIRIr ASUNIO LOGTDN R1SfNONniNf0. 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QPINiPWO itu 'ELD COUNN ROAD SOY � _ '� t II Ol![NCI IwsJume4NNuc P[<FDlIONNO 4SI3)a40PmETG ,TrEL NO4R lTn6nOf9 INmnvum SwA1E Ef fA' (MY C O u.nnllu«ulu1 III/Illtfiil11l11uu unl(IInulluIU IIIIIIIIutuhI II USR-808 RECREATION FAC. PRIVATE • GREELEY USR-1208AM RECREATION FAC., PAINT BALL a s `-arm . T - USR-852 SUP -306 OIL It GAS PRODUCTION FACILITY [GRAVEL\MINING MU SRI 2-0012 `;RV PARK, STORAGE & RECREATION n 1 USR 18-0064 TRUCK PARKING _ r en U 3 • 1 USR 13-0048 OUTDOOR STORAGE, PARKING Li! Ij1 MU SR 13.0004 FARM . LEARNINOHUNTI GTE • USR d 3 USR-704 PAINT BALL PARK I CO 140 HFAfI`•.. • • WCR 54.5 ICEftSEY USR23-0021 CBEP 30 LLC USR-1478 CONCRETE BUSINESS ,,. USR 19-0008 >12 INCH HIGH PRESSURE NAT GAS SUP -457 DAIRY 530 USR 15-0063 MINERAL RES. DEV. FAC Exhibit L to Hearing Statement Page 18 of 19 USR 19=0048 SECOND SINGLE FAMILY DWELLING USR-517 AG CHEMICAL -SUPPLY BUS USR 1870056-1 12 INCH HIGH PRESSURE NAT GAS tUSR11.0024- NON-1041 MAJOR FAC >10" PIPE • well 54.5 u; �r \\I �I t: .UP -139S J TURKEY, FARM 100,000 Exhibit L to Hearing Seta i::1:1te9 of 19ment End of USR23-0021 0 Donald M. Ostrander Richard F. Rodriguez Austin Hamre Steven Louis -Prescott Emily N. Ostrander HAMRE, RODRIGUEZ, OSTRANDER & PRESCOTT, P.C. Attorneys and Counselors at Law 188 Inverness Drive West, Suite 430 Englewood, Colorado 80112-5204 Telephone: (303) 779-0200 Telefax: (303) 779-3662 mail@hroplaw.com www.hroplaw.com Special Counsel Teri L. Petitt, LLC Stephanie M. Ceccato, LLC Spector Law, LLC Rubinstein Law, LLC Joshua R. Kruger, Ltd. Alyson Scott Law, LLC Weld County Board of County Commissioners Hearing Statement USR23-0023 By: Gary and Susan Alles (Concerned Neighbors) Presented by: Steven Louis -Prescott Our firm represents Mr. Gary and Ms. Susan Alles, the owners of the property ("Alles Property") immediately adjacent on the north side of the proposed solar farm ("Solar Farm" or "Project") on the Brown property. See attached Map showing the proximity of the Alles' home to the Solar Farm. Exhibit A. The distance from the Alle's home to the proposed solar farm, after accounting for the Applicant Cloudbreak's proposed 120' setback from the property line, is approximately 300 feet, well below the presumptive 500 -foot setback found in the Weld County Code. As the Alles represented to the Planning Commission, the Alles are not opposed to solar farms generally and their intent in voicing their concerns with respect to the Cloudbreak project is to ensure their residence is reasonably protected from nuisances associated with the Project and that the Commission enforces the restrictions in the 2021 zoning code amendments that were designed to protect neighboring Weld County property owners from the impacts of living next to a solar farm. As this Project is designed, the Alles do not feel that it adheres to the requirements in the Code, specifically the requirements to ensure that such uses are subject to an adequate setback from homes, are compatible with existing uses, and consider and protect prime farmland. The Alles Property, like the Brown property and surrounding properties, have been farmed for decades. Preserving this property is preserving the integrity of Weld County. However, Cloudbreak's Project, along with other Cloudbreak projects nearby, threatens this integrity by removing farmland and replacing it with an industrial use. Setback Cloudbreak proposes a 120' setback from the property line of the Brown property, which is about 300 feet from the Alles' home where Gary Alles has lived for over 82 years. Cloudbreak also proposes to install landscaping (a fence and trees) in an attempt to bring the Project within compliance with the Weld County Code. According to the Plain Language of Section 23-4-1030(c)(3), there is a presumptive setback for solar farms that is 500 feet from existing residences. See Exhibit B, Weld County Code provision. The plain language of this section reads "Development Standards for Setbacks (c) The improved area of the Solar Energy Facility i I shall conform to the setback requirements of the underlying zone Additionally, the improved area must be at least five hundred 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 Based on this plain language, Cloudbreak's plan is required to include a setback of 500 feet from the existing Alles residence This presumed setback can only be modified in the County's judgment upon a signed waiver from the neighboring property owner or a landscaping design approved by the County Notably, the Code uses the term "may", meaning there is no automatic reduction in the presumptive setback merely because an applicant proposes landscaping, as Cloudbreak has here In discussions with Cloudbreak, the Alles stated they would agree to a 20% reduction in the presumptive setback resulting in a 248' setback from the property line and 398 feet from the Alles house, provided Cloudbreak maintains the proposed landscaping At the Planning Commission Hearing, this proposal was presented as an alternative to Cloudbreak's proposal for a 120' setback from the Brown property line However, upon questioning from the Planning Commission, we were shocked to hear the County Planner and Assistant County Attorney state that the presumptive setback of 500 feet only applies to existing residential homes rn platted subdivisions or planned unit developments, meaning homes outside of subdivisions and PUDs, such as the Alles' home, had no setback protections under the code except the standard 20 -foot setback found in the Agricultural zone district After weeks of corresponding with the County and Cloudbreak, this was the first time the Alles heard a 500' setback did not apply to their home Based on this new position from the County Planner and Assistant County Attorney, the Planning Commission felt compelled to recommend approval of the Project The new position raised at the Planning Commission Hearing is contrary to the plain language of the code provision, contrary to how Weld County has described this code section and setback requirement on its own website, contrary to the public's interpretation and understanding of the setback requirement, contrary to how the planning department has discussed the setback requirement in other solar farm use by special review application comments and resolutions, and contrary to how Cloudbreak itself has interpreted the setback requirement As a result, the Planning Commission applied an erroneous interpretation of the Code when it recommended approval of the Project over the Alles objection and proposed alternative, and the Alles hope the County Commission does not repeat the error Plain Language As stated above, the plain language of the section is clear that the 500 -foot setback requirement applies to all existing homes 2 When interpreting statutes, a court will assume that the drafters intended to give each word or phrase meaning, and a court must not interpret statutes in a manner that renders words or phrases superfluous Colo Stormwater Council v Water Quality Control Div of, 529 P 3d 134, (Colo App 2023) In interpreting a statute, the court will avoid any interpretation that leads to an absurd result State v Nieto, 993 P 2d 493, 505 (Colo 2000) With this framework in mind, if one were to interpret the phrase, "Additionally, the improved area must be at least five hundred feet from existing residential buildings and residential lots of a platted subdivision or planned unit development" to mean that the 500 foot setback applies only to existing residential buildings in platted subdivisions or planned unit developments as the planning department suggested, the phrase "existing residential buildings" would be rendered superfluous and of no meaning This is because "existing residential buildings" would already be subsumed and included in the phrase "lots of a platted subdivisions or planned unit development" because such existing residential buildings would of course be on lots in such subdivisions or PUDs Thus, the planning department's interpretation renders words superfluous and the Code cannot be interpreted that way Moreover, this interpretation would lead to absurd results because it would mean that Weld County only cares to protect homeowners in subdivisions and PUDs from nuisances caused by solar farms, but gives no protection from such nuisances or care to homeowners who happen to live on an agricultural property Thus, Weld County chose to allow those homeowners outside subdivisions and on farms to be subject to substantially more impacts and nuisance from solar farms Surely Weld County would not take such a position O Weld County's Own Interpretations The Code should be interpreted, as intended, to afford a 500 foot setback from all existing residences, regardless of whether such residence is in a subdivision/PUD or not, and from all lots in platted subdivisions or PUDs (i e where future residences will exist) On Weld County's own website, the County describes the purpose of the Chapter 23 solar regulations See Exhibit C, Weld County Webpage on Solar Regulations The County States - Changes outlined in Chapter 23 also help further the goals of the county's comprehensive plan in that facilities must be compatible with future development and developers need to explain how prime agricultural land, neighbors and the county as a whole will be protected if a facility is located in the agricultural zone. All solar facilities must adhere to a setback requirement of 500 -feet from an existing residential building and planned development areas. The overall definition of a solar, energy facility does not include roof and/or ground mounted solar systems located on homes or other structures Emphasis Added The County specifically interpreted the code on its own website and publicized its intent to the public, stating that in an effort to protect all neighbors from a facility located in an agricultural zone, all solar facilities must adhere to a setback requirement of 500 feet from an existing residential building The County does not say anything about this setback requirement applying only if such existing residential building is in a platted subdivision or PUD This is likely because 3 such an interpretation would be contrary to the County's stated purpose in the Chapter 23 amendments to protect all neighbors in the agricultural zone The goal is to protect all neighbors of solar energy facilities in Weld County Notably, the County's publication of the changes to the Code to allow solar development also does not include landscaping as a one for one alternative to the setback The setback is stated to be 500 feet, period The Alles recognize the Code contemplates a reduction of the setback when a landscaping plan is approved, but that reduction is not automatic as Cloudbreak appears to presume Public Interpretations of the Code Similarly, the Greeley Tribune interpreted the setback requirement the same way as the Alles, and apparently the same way as the County In a 2021 Greeley Tribune Article by Jadyn Watson -Fisher, titled "Weld County approves `common sense, solar regulations" the author discusses mid -size solar projects in agricultural zones, exactly like the one Cloudbreak is building on the property bordering the Alles to the South See Exhibit D, Greeley Tribune Article Mid -sized solar projects must be reviewed under the use by special review process As stated in the article "According to county code section 23-2-200, uses by special review are those that are considered 'more intense or to have a potentially greater impact' than uses allowed by right in a zone Solar projects must meet the setback requirements of the zone in which they are placed, according to documents from the planning department They are also required to be at least 500 feet from existing residential buildings and plots planned for development " Again, the Greeley Tribune interprets the code to apply to all residential buildings, not just those in platted subdivisions or PUDs Planning Department's Own Interpretation Additionally, in prior reviews of other Solar Energy Facility applications, the Planning Department itself has interpreted the setback requirement to apply to all existing residential buildings regardless of the existence of a platted subdivision or PUD During the review of USR applications the planning department notes whether the proposed solar facilities are within 500 feet of existing residential homes Upon the Alles review of the records of such solar farm applications, it is clear the planning department and the Board of County Commissioners have applied the setback to all existing residential buildings, not just those in platted subdivisions and PUDs For example, in USR22-0027, an application filed by Cloudbreak, Mr Kim Ogle presented the case on behalf of Weld County Planning The minutes state that the proposed facility is within 500 feet of 14 parcels, with 6 homes, with the solar facility located within five hundred feet of 4 homes See Exhibit E, USR22-0027 Planning Commission minutes The Planning Staff's comments on USR22-0027 demonstrate the Planning Staff interpreted the 500 -foot presumptive setback to apply to all existing residences See Exhibit F, USR22-0027 Planning Staff Application Comments The homes within 500 feet were not in platted subdivisions or PUDs. See Exhibit G, USR22-0027 4 zoning map of USR22-0027 Similarly, the Board of County Commissions did not consider whether the homes were in platted subdivisions of PUDs See Exhibit H, USR 22-0027 BOCC Resolution Clearly, the 500 -foot presumptive setback has been applied to all homes by planning and the BOCC in similar applications Similarly, in the Planning Commission's review of Cloudbreak's USR23-0005 application, in which it recommended denial, the Planning staff similarly considered the application's compliance with the 500 foot setback, even though the adjacent homes within 500 feet were not in subdivisions or PUDs In the Planning Commission's resolution recommending denial of USR23-0005, the Planning Commission assessed the application's compliance with the 500 -foot setback "The uses which will be permitted will not be compatible with the existing surrounding land uses the solar facility footprint is located within five hundred feet of nine (9) homes, specifically north and east of the SEF footprint Six (6) surrounding property owners testified at the hearing that they were opposed to this project Several impacts outside of generally recognized farming practices including the humming noise from the inverters, impacts on site drainage patterns and conveyance of irrigation water, impacts on farm culture including the potential for environmental degradation due to leaching of aluminum, lead and cadmium from the solar panels and most importantly not addressing the impacts to area wildlife " i j U While recommending denial, the Planning Commission went on to say that should the BOCC approve the application over their denial, the BOCC should require as a condition of approval for the applicant to "submit to the Department of Planning Services any screening waivers from residents within five hundred (500) feet If waivers are not obtained opaque screening is required per the accepted Department of Planning Services Landscape and Screening Plan " See Exhibit I, USR23-0005 Planning Commission Resolution Recommending denial Again, the Planning Commission referenced the 500 -foot setback requirement by identifying the homes within that setback and screening requirements to reduce the presumptive setback, but did not limit it to existing residences in Subdivisions or PUDs The BOCC agreed with the recommendation from the Planning Commission and denied the application stating "the proposed use IS NOT consistent with the intent of the A (Agricultural) Zone District, the uses which are proposed are NOT compatible with the existing surrounding land uses, as the uses surrounding the proposed site are residential and agricultural the applicant has NOT demonstrated a diligent effort to conserve prime agricultural land in the locational decision of the proposed use Because this land has historically been irrigated with rented/leased water, and is currently being used for agriculture, the applicant would be taking agricultural land out of production " See Exhibit J, USR23-0005 BOCC Resolution Denying Application Many of the BOCC's findings in that case are applicable here as well Similarly, in the application materials submitted by the applicant in the aforementioned USR application, the applicant discussed the proximity to homes and whether it was proposing landscaping The applicant never mentioned whether or not the homes were in subdivisions/PUDs Again, based on a review of Weld County's Mapping, these nine homes within 500 feet of the proposed solar farm were not in a subdivision or PUD Exhibit K, map of USR23-0005 Despite this, the Planning Commission still discussed the setback requirement As such, the Planning staff's position at the September 5, 2023 Planning Commission Hearing was indeed a new interpretation of the setback requirement It has not, just as the BOCC has not, historically applied the presumptive setback only to existing residential buildings in platted subdivisions or PUDs 5 Limited landscaping is insufficient to support a 40% reduction in the presumptive setback The presumptive 500' setback from existing homes exists for a reason Weld County is a farming community Solar farms are industrial/commercial uses Installation of such a use changes the fabric of the property and the area The setback ensures such a change of use is sufficiently far away from farming homes in order to reduce the impacts associated with the change of use, including nuisances such as visual impacts Landscaping, as proposed by Cloudbreak, would meaningfully modify the existing landscape by replacing agriculture with trees and fencing and solar panels rising above them a mere 300' from the Alles home This is not a fair substitute to setting the solar farm back an additional 200' Furthermore, while the Alles' appreciates Cloudbreak's proposal to provide a shortened setback and landscaping, it is not clear that this adheres to the Code and Weld County's interpretation thereof As discussed, Weld County's public announcement did not indicate landscaping could be a wholesale substitute for the setback Further, the Code language itself establishes the setback to be 500' from the "improved area" which may actually be within the 120' Cloudbreak proposes to install the solar farm from the property line It is unclear what will be in that area aside from the trees and fence included in the landscaping plan, but it does appear clear that it will not be agriculture Cloudbreak states that its Project will not be economic if it is setback any further than it proposes, meaning it intentionally designed this Project to ignore the 500' presumptive setback from the Alles home, banking on approval once some trees to be planted and a fence was installed despite a 40% reduction in the Code designated setback These solar farms should be planned pursuant to the Code, not with the expectation the County will approve some much smaller setback because they agree to put up a fence and plant trees in exchange for replacing a farm with an commercial/industrial use To the extent Cloudbreak's Project is infeasible if it has to agree to a reasonable setback, this is a problem of Cloudbreak's own making The Alles should not be unreasonably impacted by their neighbor's commercial/industrial use because Cloudbreak failed to select a property that would work within the bounds of the code The Brown property is quite large, yet the Project was designed to burden the Alles' home rather than the Brown's home despite only the Brown's receiving an economic benefit from the use Cloudbreak can shift this project closer to the Brown residence to accommodate the presumptive setback while still remaining more than 500' from the Brown's home The Planning Commission recommended denial of USR23-0005 for many reasons that are also applicable here, including lack of compatibility, failure to demonstrate a diligent effort to conserve prime agricultural farmland, and concerns from local ditch companies See Exhibit H. Compatibikty As stated above, USR23-0005 (a different solar farm) was recommended for denial by the planning commission because the proposal was not compatible with the surrounding land uses See Exhibit L The planning commission stated "the property is within five hundred (500) feet of fourteen (14) parcels with the solar facility footprint located within five hundred feet of nine (9) homes, specifically north and east of the project Several impacts outside of generally recognized farming practices including the humming noise from the inverters, impacts on site drainage patterns and conveyance of irrigation water, impacts on farm culture including the potential environmental 6 degradation due to leaching of aluminum, lead and cadmium from the solar panels " The BOCC agreed with the recommendation and stated "the proposed use IS NOT consistent with the intent of the A (Agricultural) Zone District, the uses which are proposed are NOT compatible with the existing surrounding land uses, as the uses surrounding the proposed site are residential and agricultural " Exhibit J. Similarly, here, the property upon which the Project is proposed has historically been utilized as productive farmland for at least the last 80 years and has been irrigated and productive until the solar lease proposal from Cloudbreak The Weld County Code 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 " This property should be protected and utilized as farmland, not a solar farm, especially where this property has high priority water rights Moreover, the same environmental concerns associated with leaching of contaminants exist with respect to this project, as was identified by the Planning Commission Resolution of USR23-0005 These concerns are exacerbated because the Brown Property drains towards the Alles Property and into the Union Ditch, which then flows and drains into neighboring properties It would be arbitrary for the BOCC to take a contrary position with respect to this Project than it did with respect to this compatibility criterion for the property in USR23-0005 Additionally, the entire area has historically served as important farmland This community has always been agricultural, which Cloudbreak is aggressively seeking to change Cloudbreak is concurrently seeking to install another solar facility immediately east of this Project and immediately southeast of the Alles Property (USR23-0021) See Exhibit L Cloudbreak Proposal on Another Alles Adjacent Property Page 18 of 19 in the application packet attached as Exhibit L shows the proposed Cloudbreak project and the Alles home immediately northwest thereof As a result, the Alles Property is slowly being surrounded by this industrial use and losing the fabric of the community in the agricultural zone To the extent both of these projects are approved, the Alles will have solar farms on both of the properties making up the entire southern border of the Alles properties (the Alles also own the land east of their home and immediately north of the USR23-0021 project) At this rate, the Alles may well soon be surrounded by Solar Farms Without the presumptive setback they will be left only with solar panels and fences for views instead of farmland Adding another solar facility right next to the Alles home furthers the imbalance in the immediate area, exacerbating the incompatibility of this particular project in this particular location As with USR23-0005, this proposed use is "NOT compatible with the existing surrounding land uses, as the uses surrounding the proposed site are residential and agricultural " See Exhibit I. This proposal seeks to invade this agricultural area with a second solar farm bordering the Alles property USR23-0023 should be denied on this basis Weed Management O Weed management is another critical aspect that needs to be addressed in the proposed solar farm project If not properly managed, the areas around the solar panels can become breeding grounds for invasive plant species, which can spread to nearby properties and adversely affect the local 7 ecosystem Adequate measures must be implemented to prevent the proliferation of weeds and to ensure effective weed control throughout the operation of the solar farm In response to Question 9 in the Planning Questionnaire CloudBreak states "there will be no animals on site " However, this statement is contradicted in the FAQs submitted by Cloudbreak where CloudBreak states "we will be using sheep grazing " to keep the vegetation at a heigh of no more than 18-22 inches Any use of sheep or other livestock is strongly opposed While sheep may eat species of invasive weeds, they also spread the plant around Given the proximity to the Alles' agriculture operation, use of sheep would have a severe negative impact and damage his crops In conversations with Cloudbreak, Cloudbreak has stated it will agree not to use sheep — this, along with an increased setback, needs to be a condition of approval if approval is granted Noise There are legitimate concerns about the potential noise issues that may arise from the operation of the Solar Farm, and the information CloudBreak has provided about this nuisance is imprecise As acknowledged in the notice documentation, structures within "a few hundred feet" will be impacted with the constant "humming" sounds emitted from the Solar Farm as panels shift A constant noise such as this is inconsistent with what one would expect to be emanating from a farm CloudBreak also recognizes that the Alles home is less than 300 feet from the northern side of the Project's proposed fence line, and thus the Alles will be impacted by increased noise This is another reason the Alles' request a greater setback than that proposed by Cloudbreak The proposed landscaping is not protective of noise Again, the Alles Property will face the brunt of the impact of this Project, while the Brown residence is sited much further away from the Project site A greater setback from the Alles residence will ensure compliance with Code and protect against some of these concerns and future disputes Protection of Prime Farmland The applicant has not demonstrated a diligent effort to conserve prime agricultural land in the locational decision for this solar farm use As stated above, both the BOCC and Planning Commission based denial of USR23-0005 partially on the proposal having the effect of taking productive farmland out of production In that case, the BOCC stated, "the applicant has NOT demonstrated that the request in conformance with Section 23-2-230 B of the Weld County Code as follows Section 23-2-230 B 6 — the applicant has NOT demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use Because this land has historically been irrigated with rented/leased water, and is currently being used for agriculture, the applicant would be taking agricultural land of production " Exhibit J. Similarly, the Planning Commission stated that while the land in USR23-0005 was not Prime Agricultural land under the NRCS Map, the Planning Commission "felt that this project is taking the agricultural farmland out of production, when historically the farmer has irrigated with water from the For Far Lateral " Exhibit L As with the property in USR23-0005, the Brown property on which this proposal is on is important farmland It has been continuously irrigated and productive farmland for at least the last 95 years This year is the first year the Browns did not plant their land in anticipation of this solar lease The Brown property has excellent water rights The Project seeks to take agricultural land of statewide importance out of production and the applicant has not demonstrated a diligent effort to conserve 8 agricultural land in the locational decision for the proposed use, especially given that this applicant has another solar farm project just east of this proposed location It would be arbitrary for the BOCC to take a contrary position with respect to this Project than it did with respect to this criteria for the property in USR23-0005 Union Ditch Crossing As raised at the Planning Commission hearing, in order to access the Brown property at the access point required by County Planning, Cloudbreak will need to cross the Union Ditch As it stands today, there is no agreement in place or negotiated for this, solar use to cross the Union Ditch This is known to be true because Gary Alles is on the Board for the Union Ditch The lack of agreement is relevant to this project's approval and for the BOCC's consideration at this juncture Because this project does not have the necessary permissions to proceed, the project should be denied at this time Conclusion To the extent the BOCC does not deny this project, the Alles' ask is simple and reasonable They are not asking for the full 500' setback from their home They are seeking a compromise, recognizing that Cloudbreak is proposing landscaping The proposed setback is less than `300 from their home The Alles ask that it be extended an extra 100', so that the Project just under 400' from their home behind a fence and landscaping The Alles believe this will minimize nuisances, particularly noise and visual impacts, allow for greater protection from excess drainage cause by the change of land use, and marginally reduce the effects of changing the community fabric Thank you O 9 MEMORANDUM TO: Board of County Commissioners DATE: January 17, 2024 FROM: Kim Ogle. Planning Services SUBJECT: USR23-0023 CBEP Solar 27, LLC On October 4, 2023, the Board held a hearing on the request of CBEP Solar 27 LLC for a Site Specific Development Plan and Use by Special Review Permit for a Solar Energy Fa:ility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District. The Board took testimony and statements of those present and reviewed the request of the Thomas a id Marjorie Brown. Based on discussion at the October 4, 2023 hearing the Board continued this case unti December 6, 2023 to allow the applicants adequate time to get a Good Neighbor Agreement and a Crossing Agreement in place Cloudbreak Energy made a second request to continue the case to January 17, 2024, to allow the applicants adequate time to get a Good Neighbor Agreement and a Crossing Agreement in place. Planning Services received an email from the applicant indicating that the Gocd Neighbor agreement has been finalized. Planning Services received an electronic mail yesterday January 16, 2024 providing notice of a letter dated January 16, 2024 from Dietze and Davis, P.C. recently retained legal counsel for the Union Ditch Company requesting additional time to negotiate a final crossing agreement. . Given this development.. Cloudbreak Energy is requesting a continuance of this case until January 24, 2024 to allow sufficient time to sign the Ditch Crossing Agreement. Planning Services is supportive of the request and recommends acceptance by the Board of County Commissioners to continue this case to Wednesday January 24, 2024. DIETZE AND DAVIS, P.C. ATTORNEYS AT LAW Serving the West from Boulder since 1972 Robyn W. Kube Karl F. Kumli, III*t Carmen S. Danielson Renee Ezer* Stephen A. Closky Tucker M. Katz Mark D. Detsky William A. Rogers, III Joshua E. Anderson Jennifer L. Lorenz Gabriella Stockmayer Carolyn R. Steffl Nathan A. Klotz Siena Square Building 2060 Broadway, Suite 400 Boulder, Colorado 80302 Telephone (303) 447-1375 Fax (720) 805-2051 www.dietzedavis.com Email: GStockmayer@dietzedavis.com January 16, 2024 Via Email Only: Weld County Clerk to the Board's Office 1150 O Street P.O. Box 758 Greeley, CO 80631 egesick@weld.gov; cwhite@weld.gov Re: Docket #2023-66, PL2889, USR 23-0023 — Crossing Agreement Dear Weld County Commissioners: *Christina M. Gonsalves **Matthew C. Nadel S. Daniel Rubin Of Counsel: Joel C. Maguire Star L. Waring Nicholas G. Muller *Also admitted in California tAlso admitted in New Mexico *Also admitted in Wyoming Peter C. Dietze 1934-2019 Joel C. Davis 1936-2013 Union Ditch Company ("Union") has recently retained Dietze and Davis, P.C. to represent it in negotiating a Crossing Agreement with CBEP Solar 27, LLC relating to the above -referenced Special Review Permit. The parties are diligently working towards a finalized crossing agreement, but respectfully request additional time to negotiate given the recent retention of new counsel. Union remains hopeful that it will be able to reach a resolution with CBEP Solar 27 in the near future. Sincerely, DIETZE AND DAVIS, P.C. Griella Stockmayer l C: Donna Coble (Union Ditch Co.); Bobby Dishell (Cloudbreak Energy/CBEP Solar 27) Exhibit B to Hearing Statement Page 1 of 3 Sec 23-4-1030 Solar energy facility A The staff, Planning Commission and Board of County Commissioners shall consider the following criteria in making their determination in approving or denying a permit for a Solar Energy Facility (SEF) addition to those criteria enumerated in Chapter 23, Article II, Division 4 B Submittal Requirements and Standards The following submittals and standards are required 1 Surface Drainage Analysis At the time of SEF application submittal, a preliminary drainage report shall be provided for review by the Weld County Department of Public Works pursuant to the requirements of Chapter 8, Article XI of this Code Prior to applying for a Grading Permit, a final drainage report stamped and signed by a Professional Engineer registered in the State of Colorado is required Soils shall be planted to and maintained in perennial vegetation to prevent erosion, manage runoff and build soil 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) 2 Dust and Weed Mitigation Plan The Dust Mitigation Plan shall be provided at the time of SEF application submittal, which includes a description of those methods by which dust emanating from the proposed SEF and the weeds growing upon the Impacted Area will be mitigated 3 Floodplain Mapping On the map of the base area, or another appropriate map, indicate any floodplain associated with the proposal Documentation of the historical flooding activity should be included Detail potential, adverse impacts related to the associated floodplain (Note If the SEF location is located within a Special Flood Hazard Area identified by maps officially adopted by Weld County, a Flood Hazard Development Permit (FHDP) is required prior to a building permit The FHDP is issued by the Weld County Department of Planning Services pursuant to Article XI of this Chapter ) 4 A Decommissioning/Reclamation Plan A Decommissioning/Reclamation Plan shall be provided at the time of SEF application submittal which will be signed by the party responsible for decommissioning and the landowner (if different), addressing the following Decommissioning/reclamation shall commence within twelve (12) months after power production has permanently ceased and be completed within twelve (12) months from the start date of the decommissioning/reclamation work b All non -utility owned equipment, conduits, structures, fencing, and foundations to a depth of at least three (3) feet below grade shall be removed All fences, graveled areas and access roads shall be removed unless landowner agreement to retain is presented, in writing, in which the property owner agrees for this to remain d Property shall be restored to a condition reasonably similar to its condition prior to development of the SEF e The developer or owner of the SEF is responsible for the decommissioning f Decommissioning/reclamation cost estimates, which shall be updated every five (5) years from the establishment and submittal of the Security, shall include all costs associated with the dismantlement, recycling, and safe disposal of facility components and site reclamation activities, including the following elements i All labor, equipment, transportation, and disposal costs associated with the removal of all facility components from the facility site, (Supp No 84) Page 1 of 3 Created 2023-08-21 16 34 07 [EST] Exhibit B to Hearing Statement Page 2 of 3 All costs associated with full reclamation of the facility site, including removal of non-native soils, fences, and constructed access roads, All costs associated with reclamation of any primary agricultural soils at the facility site to ensure each area of direct impact shall be materially similar to the condition it was before construction, iv All decommissioning/reclamation activity management, site supervision, site safety costs, v Any other costs, including administrative costs, associated with the decommissioning and reclamation of the facility site, and vi The estimated date of submission of the Security to Weld County g Prior to construction, 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 this Code The Security shall Name the Board of County Commissioners of Weld County as the sole beneficiary of the letter of credit, Be issued by an A -rated financial institution based upon a rating provided by S&P, Moody's, Fitch, AM Best, or other rating agency with similar credentials, Include an automatic extension provision or "evergreen clause", and iv Be "bankruptcy remote," meaning the Security will be unaffected by the bankruptcy of the SEF operator Weld County, in its sole, discretion, may approve alternative forms of Security such as, but not limited to bonds, letters of credit, or other securities, if it finds that such alternative forms will provide an assurance of the availability of financial resources for decommissioning/reclamation that equals or exceeds that provided by the form required herein h Access to decommissioning/reclamation fund 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/reclamation activities within ninety (90) days of the Board of County Commissioners' order or resolution directing decommissioning/reclamation 5 Statement of Transportation Construction Impacts Describe what impacts construction of the project will have upon transportation patterns in the area intended to be served or affected by the proposal b Describe the potential construction impact on roads within the County Identify improvements required to any roads within the County in order to serve the project adequately A haul route map and agreement to mitigate construction traffic impacts to the area surrounding the proposed SEF may be required C Development standards for a SEF 1 Height limitation Ground -mounted solar collectors shall not exceed twenty-five (25) feet in height, measured from the highest grade below each solar panel to the highest extent of the solar panel rotation Created 2023-08-21 16 34 07 [EST] (Supp No 84) Page 2 of 3 Exhibit S to Hearing Statement Page 3 of 3 2 Glare A SEF shall be designed, located or 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 3 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 five hundred (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 4 Dust mitigation The operators of the SEF shall continuously employ the practices for control of fugitive dust detailed in their dust mitigation plan submitted as required by Subsection B 2 , above 5 Underground cables All electrical cables on the improved area shall be buried, except for direct current string wires that connect between solar collectors, direct current collection circuits between rows of solar arrays that are no more than four (4) feet above grade crossings, substations, switchyards, and circuit voltages greater than 34 5 kilovolts (where necessary) 6 Fencing The SEF shall be enclosed with a security fence as approved pursuant to a fencing plan submitted to the Department of Planning Services Appropriate signage shall be placed upon such fencing that warns the public of the high voltage therein 7 Stormwater management The Operator of the SEF shall submit a drainage report to comply with required Storm Drainage Criteria pursuant to Chapter 8, Article XI of this Code Additional requirements for Municipal Separate Storm Sewer System (MS4) areas may be applicable pursuant to Chapter 8, Article IX of this 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) 8 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 Article XIV of Chapter 8 of this Code 9 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 D The SEF applicant must show that all reasonable alternatives to the proposed location have been adequately assessed, and the proposed action is consistent with the best interests of the people of the County and represents a balanced use of resources in the affected area (Weld County Code Ordinance 2015-27 , Weld County Code Ordinance 2019-02 , Weld County Code Ordinance 2020-20 ) Created 2023-08-21 16 34 07 [EST] (Supp No 84) Page 3 of 3 Exhibit C to Hearing Statement Page 1of3 Search for people or content Home / 2021 News / Chapter 23 solar regulations approved by board Chapter 23 solar regulations approved by board Published on May 25. 2021 To bring clarity to solar designations in unincorporated Weld County, the Board of Commissioners approved Chapter 23 zoning code changes this week. Since December 2020, changes were discussed in various meetings with energy and agricultural industry stakeholders before the board approved the changes after a three -reading process. `These changes help promote economic development in Weld County. Landowners can now further develop properties and businesses in the county with the help of solar,' said Weld County Commissioner Chair Steve Moreno. Changes to the code eliminate small and medium scale solar facilities from Chapter 23 Zoning and large scale solar facilities from Chapter 21. These changes shift the definition of a solar energy facility to encompass a commercial facility whose primary purpose is to supply electricity and consists of one or more solar arrays and other accessory structures and equipment, including substations, switchyards, battery storage, electrical infrastructure. generators, transmission lines, communications infrastructure and other appurtenant structures and/or facilities. Exhibit C to Hearing Statement Page 2 of 3 Specific changes regarding solar in Chapter 23 include: • Solar energy facilities located on five acres or less require a zoning permit, which is processed administratively. Only one solar facility can be located on a 35 -acre parcel and cannot be adjacent to another. • Solar energy facilities that are between five and 160 acres near an urban area or between five and 320 acres in an ag/rural area require a Use by Special Review (USR) permit. • Solar energy facilities more than 160 acres near an urban area or more than 320 acres in the ag/rural area require a 1041 permit. Both USR and 1041 permits require Planning Commission and Board of County Commissioner review and approval. Changes outlined in Chapter 23 also help further the goals of the county's comprehensive plan in that facilities must be compatible with future development and developers need to explain how prime agricultural land, neighbors and the county as a whole will be protected if a facility is located in the agricultural zone. All solar facilities must adhere to a setback requirement of 500 -feet from an existing residential building and planned development areas. The overall definition of a solar energy facility does not include roof and/or ground mounted solar systems located on homes or other structures. "We wanted energy and agricultural industry representatives to have a voice in this process due to concerns raised last fall about solar developers evading subdivision regulations," said Department of Planning Services Director Tom Parko. "We've adjusted the way we've thought about solar energy facilities and certain designations due to stakeholder input over the past six months, and think we're in a great spot now to move this designation forward and implement these facilities." A separate ordinance for Chapter 21 1041 solar energy facilities will come before the board on June 14. View the approved code changes by going to https://cmtcm.co.weld.co.us/weldcm/web/, acknowledge the disclaimer, then type 20211373 in the Doc# field for Chapter 23 amendments. To learn more about the Department of Planning Services, visit https://www.weldgov.com/Government/Departments/Planning-and-Zoning. Tagged as: Media Releases l ssll Ibit C t© ilearIng Statement Page 3 of 3 Exhibit D to Hearing Statement Page 1 of 5 LATEST HEADLINES Weld approves 'common sense' solar regulations; extended timing appreciated )20. (Alex McIntyre/Staff Photographer) PUBLISHED: May 7, 2021 at 8:05 p.m. I UPDATED: May 7, 2021 at 8:06 p.m. The Weld County Commissioners unanimously approved late this past month changes to the county code regarding solar energy facilities. The changes, to Chapter 23 in the county code, came after months of discussion and controversy over timing at the beginning of the process. According to documents from the county planning department, the new regulations redefine solar facilities by physical project size as opposed to the amount of energy produced, impacting the permitting and approval process. This allows county staff to handle land use concerns more specifically. Exhibit D to Hearing Statement Page 2 of 5 "I think what we were concerned about originally was just that all solar projects were being land of lumped together," said Dan Waldvogle, Rocky Mountain Fanners Union director of external affairs "There was some credible fear, I flunk, that putting in solar fac lites was going to be almost impossible The difference now is that there are clear guidelines for the larger projects and protections to guarantee that they're going to be good projects for the community For the small ones, there's just a lot more flexibility so folks can have a small project" 'A win for everybody' The new regulations classify solar facilities by three primary sizes and their location within unincorporated Weld County Mike Kruger, president and CEO of the Colorado Solar and Storage Association, said the regulations provided a good compromise between the industry, Weld County leaders and landowners "The pace of change within the state and the demand for solar is such that the Board of County Commissioners, I think, realized that it's not a one-off (project)," Kruger said, noting that solar farms were previously seen as an exception to the rules instead of needing their own "These new regulations seta very clear standard for projects, seta very clear responsibility for projects " These Hiles help promote economic development through solar, he said, without changing the character of the county First, there are small solar farms that are less than 5 acres These may be m the near/urban area or the agriculture/rural area, per a land use map from the county These must undergo the zoning pernut process, and approval is subject to the discretion of Weld County Planning Services Only one solar facility maybe present per 35 acres, no facilities maybe placed adjacent to one another They must be consistent with the county's comprehensive plan and the area m which they are located Solar facilities also must be compat ble with expected future development m the area Developers must show how they intend to protect prime farmland, if the project will be located in the agricultural zone Additionally, the plan must detail how neighbors and the county at large will be protected The Planning Department may approve these small projects without a public hearing if the application cntena are met and the project has not received opposition from 30% of surrounding property owners within a 500 foot radius Mid sized projects are broken into two subcategories These are defined as solar facilities between 5 acres and 160 acres in the near/urban area, or they are faahties in the ag/rural zone between 5 acres and 320 acres These must undergo the use by special -review process According to county code section 23-2-200, uses by special review are those that are considered "more intense or to have a potentially greater impact" than uses that are allowed by right in a zone Projects must receive additional consideration by the developer, the planning department and the county commissioners prior to approval, to ensure they are compatible with existing and planned developments in the area ___Developers must meet with the_planning department vnorto_submrt ina a special review aunhcation, to discuss any potential changes or commission, which will make a Lastly, the county created the designation of a 1041 solar energy facility These are more than 160 acres if they are in the near/urban area or more than 320 acres in the ag/rual area These are only allowed by permit and must receive approval from the planning department, planning commission and county commissioners Developers are encouraged to meet with the planning department and discuss the project Thus isn't an official meeting, and parties are not bound by the discussion, but it provides an opportunity to gather basic information, address possible concerns or share any other considerations Prior to submitting the application for the project, developers must meet again with planning services m a pre application conference to review the proposal Tbpics will focus on more details, including but not limited to equipment placement, notable features, site accessibility, impact on surrounding areas, applicable regulations and zone compliance Meetings must take place within 14 days prior to submitting the request The planning commission will recommend approval or denial to the county commissioners A public hearing must take place before a final decision is made Projects of this size are subject to more stringent design specifications There is a height limitation of 25 feet, measured from the highest grade of the solar panel to the highest point of panel rotation These must be designed to prevent glare from being directed to neighboring properties and roadways Exhibit D to Hearing Statement Page 3 of 5 These regulations do not apply to roof- or ground -mounted equipment on "permitted principal and accessory buildings if they are designed to supply power to the principal use or usage on site," according to Article VI of Chapter 21, which is yet to be codified All projects, regardless of size, must meet a variety of guidelines for sound, safety, design, setback and utilities Plans must consider stormwater management, dust mitigation and land upkeep Fencing and safety signage is required Solar projects must meet the setback requirements of the zone in which they are placed, according to documents from the planning department They are also required to be at least 500 feet from existing residential buildings and plots planned for development Residential setback requirements maybe reduced if screening is provided through opaque fencing, landscaping, a waiver is submitted or neighboring residents agree to a reduced setback. Any landscaping or fencing changes must be submitted to the county for approval Additionally, proposals must include a decommissioning/reclamation plan to remove all equipment from the land, starting 12 months after power production has permanently ceased "When we started these conversations, I think there was a bit of distrust among all the parties about how this was going to go," Kruger said "I want to express appreciation of the solar and storage industry to the board of county commissioners for them (taking tune to) understand the industry, the needs of the industry better and to work with us on a compromise m regulations that I think is a win for everybody — even if everybody didn't get exactly what they wanted" 'An all -of -the -above energy county' This issue was first brought up in the fall — to address concerns about solar developers circumventing subdivision regulations — but a number of issues arose Some initial suggestions included changing the appropriate amount of land on a parcel of property that could be used for solar, only allowing solar fauns at certain locations in the county, requiring facilities to be placed on range land, requiting rezoning of land if used for solar or imposing specific location requirements that would apply to most solar facilities Individual landowners who want to lease their land for solar development and energy companies, however, said these requirements would make development difficult and reduce investment into the county Farmers said leasing their land is a way to continue making a hying and criticized the commissioners for trying to put regulations on solar that don't exist for oil and gas Barbara Kirkmeyer, now a state senator, pushed for completed changes by the end of 2020 Most stakeholders present at a stakeholder meeting m December emphasized the need for additional time due to the holidays and using COVID-19 cases Things could be amended, but the county should be diligent, they said After that evening m December where we heard quite a bit of opposition about what we were doing, I think it shows what we can do We can pump the brakes, we can slow down the process and open our ears," Commissioner Scott James said when the changes passed "We can work with folks to give landowners in Weld County an opportunity, but work to continue to protect residents from the impacts of this iw I think it is testimony to the process ie to live their hues as they would hire, The commissioners agreed to a 60 day continuance for more input Another extension was granted m February with the final verbiage approved at the end of April Since then, Platte River Power Authonty (PRPA) in partnership with 174 Power Global announced the creation of a solar farm on 1,000 1,400 acres m north Weld PRPA is the wholesale company for cities such as Loveland, Fort Collins and Estes Park Steve Roalstad, communications and marketing manager at PRPA, said the companies began the permitting process last week and have not faced any obstacles due to the review of the regulations The project must go through multiple phases of approval and public input before work begins PRPA estimates 320 full-time employees will work throughout the construction with up to 450 during peak construction, which is set to last 12-14 months Once complete, the project will provide eight to 10 permanent positions Additionally, the project is set to provide tax revenues, payment to mdivrdual landowners and local revenues through the construction process to help boost the county economy "I think we land of saw, originally, it felt tike the commission was trying to come to a solution fora problem that really didn't exist," Waldvogle said "Now, it seems hke they've come to more common sense policy — that's what we're most happy with" Tags Energy Exhibit D to Hearing Statement Page 4 of 5 Jadyn Watson -Fisher I Sports reporter Amazon Hates When Prime Members Do This, But They Can't Stop You Capital One Shopping, Sponsored Littleton, Colorado Drivers with no tickets in 3 years must read this If you have no tickets in 3 years, we hope you know this ridiculously easy by US Auto Insurance , Sponsored Doctor Says Slimming Down After 60 Comes Down To This Dr Heltyann l Sponsored Here Are The 33 Coolest Gifts of 2023 Grab these before they're gone (Up to 75% OFF) TheGrommet 'Sponsored Expert Says This Drugstore Wrinkle Cream Is Actually Worth It BrunchesNCrunches !Sponsored Top Doctor If You Eat Oatmeal Every Day, This Is What Happens Top US Doctor Sugar Is Not The Problem (This Is) GundryMD , Sponsored Here Is the Actual Cost Of One Day Full Mouth Dental Implants In 2023 See List GOFIndYou , Sponsored Arvada, Colorado Launches New Policy For Cars Used Less Than 49 Miles/Day Drivers With No Tickets In 3 Years Should Do Thu On September Comparisons org ' Sponsored Tinnitus Discovery Leaves Doctors Speechless (Try Tonight) Wellnessgulde101 corn, Sponsored Here Is What A Cremation Should Cost In 2023 - 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Exhibit E to Hearing Statement Page 1 of 8 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday December 2022 regular meeting of the Weld County Planning Commission was held m the Weld County Admmistretlon l irfa ng Heanng Reom 1150 O Street Greeley Co de ThIs meeting was called to order by Chair Elqah Hatch at 72 31 pm Roll Call Present Eigah Hatch Sam %l Mchael Wades Michael Palum Shane Morgan Absent Slup Holland Butch While Pamela Edens Also Present Kim Ogle Diane Aungst Michael Heli Maxwell Nader end Jim Flasher Department of Planning Services Lauren light Department of Environmental Health Kedn McDougal Ceunty Attorney end Michelle WaII Secretary Motion Approve the November 1 2022 Weld County Planning Commission minutes Moved by Mlrhael Wades Seconded by Sam Gluck Motlon passed unenimousty CASE NUMBER PRESENTED BY REQUEST ORD023-01 JIM FLESHERINANCE2 IN THE MATTER OF REPEALING AND REENACTING WRFC AMENDM CHAPTER 24 SUBDIVISIONS OF THE WELD COUNTY CODE (FAMILY DIVISION) Jim Flasher Planning Services pave an overview of the proposed cotle changes regarding family faun diNslons The changes indude remavmg the regwrement for improvements on the preperty the regwrement of TO acres minimum to apply and Increasing the maximum s¢e of the smaller "the two resulting loll from 7 to 70 acres Commissioner Wailes said he was told staff received an email eadier today Max Nader Planning Services explained that an email was received from Agprofesslonals requesting to Increase the maximum size of the smaller lot Lot A to 34 9 acres mbnrri It more flexible for other agnculturial uses Stall is proposing that the maximum for the smaller lot be Increased ham 7 acres to 10 acres Lot A is mlended for residential Improvements leaving Lot B for farming Mr Naderfo[warded Agprofessional s email to Ms McDougal for the record Mo0on Forward Ordinance 2023-01 to the Board of County Commissioners wdh the Planning Commission s recommendation of approval Moved by Mieheel Peliai Seconded by Sam Glucc Vote Mohan passed (summary Yes = 4 No =1 Abstain = 0) Yes Elqah Hatch Michael Palizzi Sam Gluck Shona Morgan No Michael Wades 2022 3564 Exhibit E to Hearing Statement Page 2 of 8 Comm,ss,or.Wades stated that he knows Mr Griffiths personalty but that he Is not involved :nth this protect from neany standpoint Diana Aungst Planning Services presented Case USR22.0025 reading the recemmendabon and commenb Into the record Staff sent nohce to 7 surrounding property owners :,thin 500 feet 10 the proposed USR boundary No written conespondence or telephone rolls were received The Department of Planning Servlcee recommends approval 1. this epplirahon along with cre.= s of approval and development standards Lauren L,ght Environmental Health reviewed the public water and sanitary sewer requirements on - site dust centrol and the Waste Handling Plan ach Bremner 40B Melba Road Steding Colorado Mr Bremner stated that the GnKih 2 Soiar Protect Is proposed to be 5MWac on 22 saes of a 0 42 aae parcel He said the (aGhly will produce 12 240 000 kWh annually whlCh is eginvaient to the annual electrlaty consumption of about 1 500 homes Mr Grammer said that users of the semce do not have to put any money down theylust have la subscribe to the service to receive approximately a 5 -percent dismount on their eiectncdy The Chair asked ifthere was anyone In the audience who wished to speak for or against this application No one xnshed to speak The Chair asked the epplicent H They have read Through the Development Standards and Condlhons of Approval and if they are In agreement with those The appllcent replied that They are m agreement Motion Forward Cese USR22 0025 to the Board of County Comm,ssloners along with the Condlbons of Approval and Development Standards with the Planning Commissions rise= dation of approval Moved by Sam Gluck Seconded by Michael Pehzzi Vote Mouon tamed by unanimous roll call vote (summary Yes = 5) Yes EI6ah Hatch Michael Palia, Michael Wades Sam Gluck Shona Morgan CASE NUMBER APPLICANT PLANNER REQUEST LEGAL DESCRIPTION LOCATION USR22-0029 'KL WALKER KIM OGLE A SITE SPECIFIC DEVELOPMENT PLAN AND USE ig SPECIAL REVIEW PERMIT TO EXCEED THE MAXIMUM ALLOWED BUILDING COVERAGE (UP TO 1196) IN A SUBDIVISION IN THE A (AGRICULTURAL) ZONE DISTRICT LOT 1 BLOCK 3 OF CASAGRANOE ESTATES BEING PART OF SECTION I7 T2N R67W OF THE 6TH P M WELD COUNTY COLORADO SOUTH OF AND ADJACENT TO DEL COMMUNDO LANE EAST OF AND ADJACENT TO SIERRA VIBTA ROAD IGm Ogle Planning Services presented Case USR22 0028 reading the recommendation and comments Into the ,:cord Staft sent nohce to 27 sunounding property owners within 500 feet of the proposed site 1: responses were received The Department of Planning Services re'rn"nds approval of this application along vnih cendlhons of epprovai and development standards Lauren L,ght Environmental HeaIN reviewed the public water and sanitary sewer requirements on site dust control and the Waste Handling Plan Commissioner Wades asked stag d Nere Is a eument vioialion on the property Staft responded that there was not Mr Ogie explained That the ,cant Is requesting to construct a bwltlmg that will exceed lot coverage by 300 square feel Julie Walker 9712 Siena Vista Road Longmont Colorado Ms Walker stated that they would like to build a ban that visit be used for storage The Chair asked d there was anyone in the audience who wished to speak for ar against th,s application No one wished to speak Exhibit E to hearing Statement Page 3 of 8 The Chair asked the apphcent if they have read through the Development Standards and Conddions of Approval and d they are In agreement wnlh those The applicant rveZ that they are m agreement Motion Forward Case USR22 0029 to the Board of County Commissioners along with the Canddions of Approval and Development Standards with the Planning Commissions recommendation of approval Moved by Michael Wailes Seeontled by Shona Morgan Vote Mohon canted r. unanimous roll cell vote (summary Yes = 5) Yes EIBah Hatch Michael Palizzi Michael Wallas Sam Gluck Shona Morgan CASENUMBER APPLICANT PLANNER. REQUEST USR22-0027 CBEP LAND 2 LLC CIO CBEP SOLAR 2 LLC AND CBEP SOLAR a LLC KIM OGLE A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FORA SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS AND HISTORIC 7OWNFT l' THE A (AGRICUTURA) ZONE DISTRICT LEGAL DESCRIPTION PART OF THE W2 OF SECTION 34 T6N R65W OF THE 6TH P M WELD COUNTY COLORADO LOCATION SOUTH OF AND ADJACENT TO CR 64 APPROXIMATELY 1 320 FEET FAST OF CR 43 Kim Ogle Planning Services presented Case USR22 0027 reading the recommendation and comments into the recerd The property is wnthin 500 feet of 14 parcels with 6 homes with the solar facility footpnnt located within five hundred feel of 4 homes specificelly west of and north of the solar facility tootpdnt As part of the appticetion process Weld County provided notice to these property owners and no responses were received The Department of Planning Services recommends approval 'this application along wdh cronddwns of approval and development standards Lauren fight Environmental Health reviewed the public water and sanitary sewer requirements on site dust control and the Waste Handling Plan Zach Bremmer 408 Melba Rdad Steding Coloretlo Mr Brammer explained that the Bicklmg Solar Projects willn:LZ of 2 prolecls 1 MWac end e 2 375 MWac The solar protects will be on approximately 17 acres of a 40 13 acre property He sold that both projects combined together well produce enough electriuty for about 1 100 homes as part of Xcel Energy s Solar•Rewards Community Program Mr Brammer said that because this property is dryland they will be planting native dry land seed mixture He said sheep will be brought on the property about once a year Commissioner Palizzl rellereted wdh the appticent that the protect would save 1 100 consumers S l0 10 peroent on their eleelncity not 1 100 homes at 100 percent coverage Mr Brammer said that is correct The Chair asked Mr BrantinO o holds the surety bonds and how does the applicant know that company will sWl be in business after 20 to 50 years Mr Brammer explained that Ney use creditable insurance companies and me policies have to be updated every5 years The Chair asked d there was anyone in the audience who wished to speak for or against this application Barb Hetzel 22573 County Road 49 LaSalle C heal: Ms Hetzel asked with all the solar facilities going up how do Ney know there will be enough people to buy Into the program with only a 5 to 10 percent Linda Beng 21389 County Road 62 Greeley Colorado Ms Beng asked how ilia protect would atiect her properly values She said she has worked two jobs In order to Irve m a home In the country and does not wish to look at solar panels Ms Bang said she is cancemed about solar fires that could endanger liar property Chns Garcia 21369 County Road 62 Greeley Colorado Mr Garoia said he vies concerned losing their view to the west He said his dog Ikes to run through the coin field and said d there are sheep on the property then his dog won t De able to Exhibit E to Hearing Statement Page 4 of 8 Mr Brammer addressed the p bt rnn:r7, He said s' area where the protect volt be looted is about 2500 feet away from Ne neighbor s fence line and doesn t think Ney wdl he able to see d or hear iL He said Ney don t plan on doing ens" wiN the bottom 35 acres so the dog should be able to continue running Nrough Ne Oeld Mr Brmmer said Ney wdl not be using battenes on to solar panels The fire risk is low by not using battenes The solar panel units are designed to shut down if they get too hot The Chair asked d the native grass xall be plantetl on the enbre property Mr Brammer replied Nat a wdI for sure be planted m the protect area and most likely the whole property Mr Brammer addressed the concern about property values Her said there has bean quite a few studies done which have shown no negative Impact to atlJacent properties Mr Brammer Bald that users of the semce do not have to put any money down they Just have N subscnbe to Ne servse M receive disceunl an Neir elecincity He said Ney have not hatl any Issues wnh getting enough subscnphon users Commissioner Gluek asked whet kind of fence will be put % Mr Brammer replied Nat Nere volt be a 6 foot wood fence around the protect area not Ne enbre properly There wall be a 7 foot seventy fence around the solar panels The Chair asked Ne apphcent If Ney have read Nrolpi Ne ?serve pment Standards and Condihans of Approval and if they are m agreement wdh Nose The apphcent replied that they are m agreement Motion Forward Case USR22 0027 to Ne Board of County Commissioners along veld ton Condlhans of Approval and Development Standards veld Ne Planning Commissions recommendation of approval Moved by Michael Pallal Seconded by Sam Gluck Vote Motion rained by unanimous roll call vote (summary Yes = 5) Yes Elllah Hatch Michael Pal¢zr Michael Wailes Sam Gluck Shane Morgan The Chair called fora recess all 43 p m and the heanng reconvened at 1 50 p m CASE NUMBER APPLICANT PLANNER REQUEST LEGAL DESCRIPTION LOCATION COZZ&0011 R8N PROPERTIES LLC MICHAEL HALL CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE 2 (MEDIUM INDUSTRIAL) ZONE DISTRICT LOTS A AND B OF RE 1300 BEING PART OF THE N2SE4 OF SECTION 22 T1N R66W OF THE PM WELD COUNTY COLORADO Exhibit E to Tearing Statement Page 5 of 8 LOCATION NORTH OF AND ADJACENT TO CR 64 5 APPROXIMATELY 0 55 MILES FJ�ST OF CR 2375 Diana Aungst Planning Services presented Case COZ22-0003 reading the recommenda4on antl comments into the record The Department of Planning Sernces recommends approval of this apphcahon along with rrondihons of approval and development standards Lauren Lrght Environmental Health reviewed the public water and sanitary sewer requirements on site dust conUol and the Waste Handling Plan Exhibit E to Hearing Statement Page 6 of 8 Mr Hill said Mr ,f=ett Is aware of the concerns of the individuals who filed objections against the Change of Zone and plans to mitigate the issues The Chav explained to Mr Hdl that Ws case is fora Change of Zone and not any potential site Plans Mr Hatch asked him to discuss the speerfics of the Change of Zone Mr Rdl said the applicant s property is located wdhin a quarter of a rose away from the Great Western Raihvay and within the Weld County Opportunity Zone The Chav encouraged the pubhe to attend the Weld County Board of County Commissioner heanng for this case Ms Aungst shared that the heanng wdl be heard on January 4 2023 at 10 00 a m in this room Exhibit F to Hearing Statement Page 1 of 13 LAND USE APPLICATION SUMMARY Planner Kim Ogle Hearing Date December 6, 2022 Case Number USR22-0027 Property Owner CBEP Land 2 LLC, 4845 Pearl East Circle, Suite 118, Boulder, CO 80301 Applicant CBEP Solar 2, LLC, grid CBEP Solar 8, LLC c/o Zach Brammer, P O Box 1255, Sterling, CO 80751 Request Legal Description Location Site Specific Development Plan and Use by Special Review Permit for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone - District Part of the W2 of Section 34, T6N, R65W of the 61h P M , Weld County, Colorado South of and adjacent to County Road 64, approximately 1320 feet east of County Road 43 Size of Parcel ± 112 81 acres Parcel No 0803-34-2-00-002 Size of SEF Areas ± 35 7 acres The criteria for review of this Use by Special Review Permit are listed in Section 23-2-220 and Section 23-4- 1030 of the Weld County Code The Department of Planning Services' staff has received referral responses with comments from the following agencies • Weld County Department of Planning Services— Development Review, referral dated September 23, 2022 • Weld County Department of Public Health and Environment, referral dated September 28, 2022 • Weld County Department of Planning Services— Floodplain Administrator, referral dated September 28, 2022 • City of Greeley, referral dated October 12, 2022 The Department of Planning Services' staff has received referral responses without comments from the following agencies • Weld County Sheriffs Office, referral dated September 22, 2022 • Greeley Fire Department, referral dated October 4, 2022 • Weld County Office of Emergency Management, referral dated September 22, 2022, October 5, 2022 • Weld County Department of Planning Services — Code Compliance, referral dated October 5, 2022 • Colorado Division of Water Resources, referral dated October 7, 2020 • West Greeley Conservation District, referral dated October 11, 2022 • Weld County Oil and Gas Energy Department, referral dated October 12, 2022 The Department of Planning Services' staff has not received responses from the following agencies • Sand Creek Short Line Ditch • DCP Midstream, LP • Greeley -Weld County Airport Authority • Noble Energy, Inc USR22-0027 Page 1 of 12 ■ Public Service of Colorado (Xcel Energy) Case Summary Exhibit F to Hearing Statement Page 2 of 13 ■ Colorado Parks and Wildlife The applicant, CBEP Solar 2, LLC is proposing to construct two (2) Solar Energy Facilities (SEF) adjacent to each other on the same one hundred twelve (112) acre parcel The Solar Energy Facilities are a part of the Xcel Energy Solar*Rewards Community program-Bickling 1 is a 2 375 -megawatt (MW) Solar Energy Facility and Bickling 2 is a 1 00 -megawatt (MW) Solar Energy Facility The two (2) SEFs total 3 375 mega- watts (MW) for a total of 3 375 mega -watts (MW) and have a footprint of approximately 35 7 acres all within a 112 -acre parcel Each facility will consist of solar modules mounted about five (5) feet above the existing grade on single -axis trackers, which allow the panels to track the sun from east to west over the course of the day The project will also include inverters mounted on steel posts or beams, concrete -pad mounted transformers, other electrical equipment, new internal access road, and a perimeter game fence with gates The Solar Energy Facilities are within five hundred (500) feet of six (6) residences, with the solar facility footprint located within five hundred (500) feet of four (4) homes located to the west and north of the solar energy facility footprint The applicant sent out a letter the week of October 17, 2020, notifying the residences of the pending land use application and proposed visual mitigation, including vegetative screening through landscaping and/ or an opaque fence Bickling 1 will consist of approximately 4,400 solar modules, nineteen (19) inverters one (1) transformer, which will power approximately eight hundred (800) homes coupled with Bickling 2 which will consist of approximately 2,400 solar modules, eight (8) inverters and one (1) transformer, with both facilities utilizing other electrical equipment, which will power approximately three hundred forty (340) homes The site will be visited for bi-annually for routine maintenance of both equipment and vegetation The facility is remotely monitored 24/7 by full time staff The site will be re -vegetated using a native habitat mix, which will decrease erosion, prevent noxious weed growth and establishment The native habitat mix will be maintained by vegetation experts to facilitate establishment The property is currently vacant land, with no irrigated agriculture or water rights, and was previously used for oil and gas production Area lighting is not proposed for the facility The Decommission and Reclamation plan submitted with the application indicates that the site will be decommissioned and reclaimed at the end of the lease term of twenty (20) years with an option of four (4) additional five (5) year terms, operational life, or if the site is non -operational for twelve (12) months Much of the equipment is recyclable The estimated cost for reclamation is approximately $75,000 for Bickling 2 and $170,000 for Bickling 1 and this is the amount suggested by the applicant for the surety bond In the event the application is approved, the applicant will work with staff to ensure the surety meets Weld County standards DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED BASED ON THE FOLLOWING APPROVAL CRITERIA The submitted materials are in compliance with the application requirements of Section 23-2-260 and Section 23-4-1030 B of the Weld County Code 2 It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows A Section 23-2-220 A 1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect Section 22-2-10 state the Guiding Principles that serve as the foundation for land use policy in the County Section 22-2-10 B states "One of the basic principles upon which the United States was founded is the right of citizens to own and utilize property so long as that use complies with local regulations and does not interfere with or infringe upon the rights of others " US R22-0027 Page 2 of 12 Exhibit F to Hearing Statement Page 3 of 13 The applicant and property owner has made a business decision on the highest and best use of his property currently in a dry -up covenant Of the one hundred thirteen (113) acre parcel thirty- five (35) acres will be utilized for the proposed solar energy facility The land under the solar panels will be planted with a dry -land native grass seed that has been generally accepted for re -vegetation purposes for the entire parcel and will be maintained with no allowance for noxious weed growth Section 22-2-30 C states Harmonize development with surrounding land uses " The adjacent land will experience minimal nuisance from the SEFs, which is an unmanned energy development facility with limited traffic generation once operational The applicant has proposed screening and landscaping options for residences within five hundred (500) feet of the facility Screening is required from the adjacent property owners and will include a double row of triangulated Rocky Mountain Juniper along the adjacent property owners fence line Rocky Mountain Juniper trees have historically performed very well on sites with these soil conditions, location and elevation, and local plant community composition In addition to providing a visual buffer from neighboring residences, the landscape screening is designed to fit with the neighborhood and benefit the local environment The applicant will provide waivers from the property owners with residences closer than five hundred (500) feet who -request to not be screened from the facilities Section 22-2-60 8 "Support responsible energy and mineral development " According to the application, the Solar Energy Facility will connect into the Xcel Energy power grid The application states that efforts will be made to protect the soil and minimize the impacts to the area Further, once operational, the proposed SEF creates no noise, odor, light or flickering, vibration, vermin, dust, or other nuisances The operation of the SEF is virtually unnoticeable to neighboring properties and it will not impact surrounding property's right to quiet enjoyment Section 22-2-60 B 2 states "Ensure that infrastructure, such as adequate roads and utilities, exists or can be made available prior to development of energy and mineral resource production facilities " This portion of CR 64 is a gravel road that is currently in engineering review as part of the County Road 66 alignment study, and possible right-of-way acquisition that could potentially impact setbacks There is existing overhead electric service located south of County Road 64 B Section 23-2-220 A 2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District The proposed use, Solar Energy Facility, is permittable under Section 23-3-40 FF of the Weld County Code as defined here, Solar Energy Facilities (SEF's), being more than five (5) acres in size but less than one hundred sixty (160) acres in the Near/Urban Area or being more than five (5) acres but less than three hundred twenty (320) acres in the Ag/Rural Area This proposed facility footprint is in the urban area 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 The applicant and property owner has made a business decision on the highest and best us of the thirty-five (35) acre area for the solar energy facility The proposed compact solar energy resource development will conserve lands and minimize the impact on surrounding land and the existing surrounding land uses USR22-0027 Page 3 of 12 Exhibit F to Hearing Statement Page 4 of 13 The proposal meets the intent of A (Agricultural) Zone District, including the Principles, Goals and Objectives as outlined in Chapter 22 and permitted under Chapter 23 as the facility will produce energy harvested from the sun and will not interfere with adjacent agricultural operations C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the existing surrounding land uses The property is within five hundred (500) feet of fourteen (14) parcels, with six (6) homes, with the solar facility footprint located within five hundred feet of four (4) homes, specifically west of and north of the SEF footprint As part of the application process, Weld County provided notice to these property owners, and no responses were received The proposed visual mitigation, Development Standards, and Conditions of Approval will assist in mitigating the impacts of the facility on adjacent properties and ensure compatibility with surrounding land uses and region D Section 23-2-220 A 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 designated as an Opportunity Zone on the Weld County Comprehensive Plan The site is located within the three (3) mile referral area of the City of Greeley and within the three (3) mile referral area and the Coordinated Planning Agreement area for the Town of Kersey The 2016 Town of Kersey Comprehensive Plan delineates the Kersey Influence Area extending to County Road 62 This property is located on County Road 66 and is therefore outside of Kersey's Future Land Use Planning Area The City of Greeley in their referral of October 12, 2002, stated "The subject site is located within Greeley's Long Range Expected Growth Area the area in which the community anticipates annexation and urban development to occur in the future And included an advisory comment " we understand there is not currently water/irrigation available on the subject site, we would appreciate consideration for future landscape perimeter buffering and screening " The Town of Kersey returned the NOI dated July 29, 2022, with no concerns E Section 23-2-220 A 5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code The property is within the Airport Overlay District The proposed SEF complies with the height limitations outlined in Chapter 23, Article V, Section 23-5-30 Airport Zone height limitations Further, the proposed SEF will not create electrical interference, include any lights, result in any glare in the eyes of pilots, impair visibility in the vicinity of the Airport, create bird strike hazards, or otherwise interfere in any way with the operations of the Airport as required by Chapter 23, Article V, Section 23-5-40, use restrictions The applicant will be required to file with the Federal Aviation Administration, who will ensure that the proposed SEF fully complies with FAA requirements for the Greeley -Weld County Airport The property is not 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 Building Permits issued on the property will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program, County Facility Fee, and Drainage Impact Fee Programs F Section 23-2-220 A 6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use Soren Natural Resource Partners LLC (Soren) in 2015 the owner of the property (Lot B RECX13- 0060) now described via a metes and bounds via a partial vacation, executed, and recorded a USR22-0027 Page 4 of 12 Exhibit F to Hearing Statement Page 5 of 13 permanent Dry -Up Covenant and Easement Per the Dry -Up Covenant and Easement recorded September 28, 2015, under reception no 4145503, states the conditions restrict the use of water and water shares on this property Para phrasing here, Sons or their successors shall not allow the planting of any crops which can extend roots into the underlying groundwater, including, but not limited to, alfalfa Sorin or their successors shall re -vegetate the property during or before the first growing period after the effective date of this Covenant with a dry -land native grass seed that has been generally accepted for re -vegetation purposes on this land subject to dry -up and shall maintain the desired vegetation growth and take reasonable measures to keep the property free of noxious weeds The current property owner as successor will continue to maintain the dry -land native grasses and will reseed as required for re -vegetation purposes not only the area under the solar panels but the entire parcel per the covenant G Section 23-2-220 A 7 — There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23- 2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities The Department of Planning Services' staff recommendation for approval is conditional upon the following 1 Prior to recording the map A The applicant shall acknowledge the advisory comments of the Weld County Department of Planning Services — Floodplain Administrator, as stated in the updated referral response dated September 28,2022 Evidence of such shall be submitted in writing to the Weld County Department of Planning Services (Department of Planning Services) B The applicant shall acknowledge the advisory comments of the City of Greeley, as stated in the referral response dated October 12, 2022 Evidence of such shall be submitted in writing to the Weld County Department of Planning Services (Department of Planning Services) C The applicant shall submit a dry land seed mix, acceptable per the dry -up covenant and easement requirements for review and acceptance (Department of Planning Services) D The applicant shall submit a landscape maintenance plan aimed at retaining the desired vegetation while keeping the property free of noxious weeds (Department of Planning Services) E The applicant shall submit a fencing plan for review and acceptance if not utilizing the perimeter game fence with gates as stated in the application materials (Department of Planning Services) F The applicant shall submit to the Department of Planning Services any screening waivers from residents within five hundred (500) feet If waivers are not obtained opaque screening is required per the accepted Department of Planning Services Landscape and Screening plan (Department of Planning Services) USR22-0027 Page 5 of 12 Exhibit F to Hearing Statement Page 6 of 13 G If utilizing a vegetative material for visual mitigation to screen the facility from adjoining properties to the west and north, the applicant shall submit an irrigation plan to the Department of Planning Services for review and acceptance (Department of Planning Services) H A Road Maintenance Agreement (Construction) is required at this location Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes during construction (Development Review) A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required (Development Review) J The map shall be amended to delineate the following All sheets of the map shall be labeled USR22-0027 (Department of Planning Services) 2 The attached Development Standards (Department of Planning Services) 3 The map shall be prepared in accordance with Section 23-2-260 D of the Weld County Code (Department of Planning Services) 4 Sho,w 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 (Department of Planning Services - Floodplain) 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 (Department of Planning Services) 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 (Department of Planning Services) 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 (Department of Planning Services) 8 Trash collection areas, if applicable Section 23-2-240 A 13 of the Weld County Code addresses the issue of trash collection areas (Department of Planning Services) 9 Setback radiuses for existing oil and gas tank batteries, wellheads, and encumbrances, if applicable Setback requirements are located in Section 23-3-70 E of the Weld County Code (Department of Planning Services) 10 Planned oil and gas surface development areas, corridors, access roadways, etc as part of any executed Surface Use Agreement, if applicable (Department of Planning Services) 11 Screening plan for residences within five hundred (500) feet, unless a waiver from the resident has been supplied to the Department of Planning Services (Department of Planning Services) 12, CR 64 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 USR22-0027 Page 6of12 Exhibit F to Hearing Statement Page 7 of 13 label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road All setbacks shall be measured from the edge of right-of-way This road is maintained by Weld County (Development Review) 13 This portion of County Road 62 is under the jurisdiction of the City of Greeley Please contact the municipality to verify the right-of-way Show and label the right-of-way Show the approved access(es) on the site plan and label with the approved access permit number if applicable (Development Review) 14 Show and label the proposed access point onto CR 64 and the usage type (Agriculture, Residential, Commercial/Industrial, or Oil and Gas) Development Review will review the access location as a part of the plan submittal (Development Review) 15 Show and label the entrance gate if applicable An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet (Development Review) 16 Show and label the drainage flow arrows (Development Review) 17 If applicable, show and label the accepted drainage features Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume (Development Review) 18 All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number (Department of Planning Services) 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 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 (Department of Planning Services) 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 3 -month period (Department of Planning Services) 4 Prior to Construction A The approved access and tracking control shall be constructed prior to on -site construction (Development Review) B If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the start of construction (Development Review) 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 (Department of Planning Services) USR22-0027 Page 7 of 12 Exhibit F to Hearing Statement Page 8 of 13 5 The Use by Special Review Permit is not perfected until the Conditions of Approval are completed and the map is recorded Activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement (Department of Planning Services) USR22-0027 Page 8of12 Exhibit F to Hearing Statement Page 9 of 13 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Cloud Break Energy Partners USR22-0027 1 Site Specific Development Plan and Use by Special Review Permit 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 (Department of Planning Services) 2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code (Department of Planning Services) 3 Any future structures or uses on site must obtain the appropriate zoning and building permits (Department of Planning Services) 4 The facility is unmanned and will operate year-round Limited maintenance personnel may visit the site once operational (Department of Planning Services) 5 Height limitation Ground -mounted solar collectors shall not exceed twenty-five (25) feet in height, measured from the highest natural grade below each solar panel to the highest extent of the solar panel rotation (Department of Planning Services) 6 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 (Department of Planning Services) 7 Dust mitigation The operators of the SEF shall continuously employ the practices for control of fugitive dust detailed in their accepted Dust Mitigation Plan per Section 23-4-1030 C 4 of the Weld County Code, as amended (Department of Planning Services) 8 Underground cables All electrical cables on the improved area shall be buried, except for direct current string wires that connect between solar collectors, direct current collection circuits between rows of solar arrays that are no more than four (4) feet above grade crossings, substations, switchyards, and circuit voltages greater than 34 5 kilovolts (where necessary) (Department of Planning Services) 9 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 (Department of Planning Services) 10 Stormwater management The Operator of the SEF shall comply with the approved Final Drainage Report and the required Storm Drainage Criteria pursuant to Chapter 8, Article XI of this Code Ground- mounted solar collector systems shall be exempt from impervious surface calculations if the soil under the collectors is designated hydrologic A or B soil groups by the Natural Resources Conservation Service (NRCS) (Department of Planning Services) 11 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 ninety (90) days of the Board of County Commissioners' order or resolution directing decommissioning and reclamation (Department of Planning Services) 12 The site shall be maintained in accordance with accepted Property Maintenance Plan (Department of Planning Services) USR22-0027 Page 9of12 Exhibit F to Hearing Statement Page 10 of 13 13 The property owner shall maintain compliance with the Dry -Up Covenant and Easement recorded September 28, 2015, under reception no 4145503, at all times (Department of Planning Services) 14 A Flood Hazard Development Permit is required for all construction or development occurring in the fioodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Maps #08123C -1535E issue date January 16, 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 (Department of Planning Services - Floodplain) 15 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 (Department of Planning Services - Floodplain) 16 During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100 5, C R S ) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination (Department of Public Health and Environment) 17 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, 30-20-100 5, C R S (Department of Public Health and Environment) 18 During construction, waste materials shall be handled, stored, and disposed 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 1 of the Weld County- Code (Department of Public Health and Environment) 19 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 (Department of Public Health and Environment) 20 Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction of the facility (Department of Public Health and Environment) 21 The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code (Department of Public Health and Environment) 22 The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code (Development Review) 23 The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking (Development Review) 24 Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement (Development Review) 25 The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement (Development Review) USR22-0027 Page 10 of 12 Exhibit F to Hearing Statement Page 11 of13 26 Weld County is not responsible for the maintenance of onsite drainage related features (Development Review) 27 The historical flow patterns and runoff amounts on the site will be maintained (Development Review) 28 The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code 29 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 30 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 31 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 32 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 Planning Services may grant an extension of time, for good cause shown, upon a written request by the landowner 33 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 34 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 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 35 WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold The rural areas of Weld County may be open and spacious, USR22-x027 CBEP Solar 2 and CBEP Solar 8 Page 11 of 12 Exhibit F to Hearing Statement Page 12 of 13 but they are intensively used for agriculture Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment, slow -moving farm vehicles on rural roads, dust from animal pens, field work, harvest, and gravel roads, odor from animal confinement, silage, and manure, smoke from ditch burning, flies and mosquitoes, hunting and trapping activities, shooting sports, legal hazing of nuisance wildlife, and the use of pesticides and fertilizers in the fields, including the use of aerial spraying It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County Section 35-3 5-102, C R S , provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production Water has been, and continues to be, the lifeline for the agricultural community It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities The sheer magnitude of the area to be served stretches available resources Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm Services in rural areas, in many cases, will not be equivalent to municipal services Rural dwellers must, by necessity, be more self-sufficient than urban dwellers People are exposed to different hazards in the County than in an urban or suburban setting Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood u5522-1027 CBEP Solar 2 and CBEP Solar 8 Page 12 of 12 Exhibit F to Hearing Statement DEPARTMENT OF PM1014 XINC' S 1555 N 17th AVE GREELEY, CO 80631 WEBSITE www weldgov corn E-MAIL kogle@weldgov corn PHONE (970) 400-3549 FAX (970) 304-6498 October 28, 2022 Brammer Zachary PO Box 1255 STERLING, CO 80751 Subject USR22-0027 - A Site Specific Development Plan and Use by Special Review Permit for a Solar Energy Facility, including a temporary laydown yard and two (2) office trailers during construction only, outside of subdivisions and historic townsites in the A (Agricultural) Zone District On parcels) of land described as LOT B RECX13-0060, BEING P $ 5T 2 ) W26 ( & 7 , 2 1 oftie 6th P Ila6, Weld Cty, Colorado Dear Applicants I have scheduled a meeting with the Weld County Planning Commission on Decembers at January 04, 2023 at l Building, attendance to answer any questions the Planning Commission members or Board of County Commissioners may have Weld County Planning Department with written certification indicating the above requirement has been met A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing You may view the staff report at https //accela- aca co weld co us/CitizenAccess Respectfully, Kim Ogle Planner Exhibit G to Hearing Statement Page 1 of 1 F Parcels Owner: RAY DOROTHY E 0 Account R6785206 Parcel: O$013 4200001 Address 21308 COLNT`; ROAD 64 WELD Subdivision: Section: 34 Township: ol' Range: 6SW Taxes ELQR 'i y port Data Search Sa1e$ Owner, RAY RUSSELL S Account R6785206 Parcel O 0iW4200001 Add 2' '*O8 CD'.. "ST'S IOMD 641 W:L Subdivision- Section: 34 Township* 6 4 Range: 65W faxes c Y RelaZil Pala $egrch Safer Ie� Displaying I • 2 otai; 2) 11 4 Page 1of ` ► IP Parcels t= essaSSOP ... •0 Exhibit H to Hearing Statement Page 1 of 12 RESOLUTION RE APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR22 0027, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A(AGRICULTURAL) ZONE DISTRICT- CBEP LAND 2, LLC, C!O CBEP SOLAR 2, LLC, C/O CBEP SOLAR 8, LLC WHEREAS the Board of County Commissicners of Weld County Colorado pursuant to Coiaredo statute and the Weld County Home Rule Charter is vested with the aulhonty of admrnistenng the affairs of Weld County Colorado and WHEREAS, the Board of County Commissioners held a public heanng on the 4th day of January 2023 al the hour of 10 00 a m in the Chambers of the Board, for the purpose of heanng the application of CBEP Land 2 LLC do CBEP Solar LLC do CBEP Solar 8 LLC 4145 Pearl East Circle Suite 118 #53242 Boulder Colorado 80301 for a S e Specific Development Plan and Use by Special Review Permd USR22 0027 for a Solar Energy Facility (SEF) soutsidte of subdivisions and histonc townsdes in the A (Agnculturaq Zone DRtnct an the following descnbed real estate being more particularly descnbed as fellows Part of the W1/2 of Section 34 Township 6 North Range 85 West of the 6th P M Weld County Colorado WHEREAS, at said heanng the applicant was present and WHEREAS, Seaton 23-2 30 of the Weld County Code provides standards for review of said Use by Special Review Pertnd and WHEREAS, the Board of County Commissoners heard all of the testimony and statements of those present studied the request of ilia applicant and the recommendation of the Weld County Planning Commission and all of the exhibds and evidence presented in this matte? and having been fully informed finds that this request shall be approved forlhe following reasons 1 The submdted metenals are In eompliance wdh the application requirements of Section 23 2 280 of the Weld County Code The apt!r_1 has demonstrated that the request is in conformance wdh Section 23 2-230 B of the Weld County Cade as follows A Section 22 2 10 states the Guiding Pnnelples that serve as the foundation for land use policy In the County 1) Section 22 2-10 B states One o/the basic pnncrples upon which the United States was /sounded rs the nght of citizens to own and utilize property so long as that use complies with local regulations and does not interfere with or rnlnnge upon the nghts of others' The applicant/property owner has made a business decision on the highest and best use of his property currently in a dry up covenant Of ilia 113 acre parcel 35 acres will he utilized for the proposed Solar Energy Facility (SEF) The land under the solar panels volt be ce PL([v/w2/.3, Cq (B8) APPL 2023 0070 o I /7.6 /23 PL2852 Exhibit H to Hearing Statement Page 2 of 12 SPECIAL REVIEW PERMIT (USR22 0027) - CBEP LAND 2 LLC C/O CBEP SOLAR 2 LLC /O CBEP SOLAR 8 LLC PAGE 2 planted with a dry land native grass seed that has been generally accepted for re vegetation purposes for the entire parcel and will be maintained with no allowance for noxious weed growth 2) Section 22 2 30 C states Harmonize development with surreunding land uses Tha adjacent land well expenence minimal nwsance from the SEF which rs an unmanned energy development facility with limited traffic generation once operational The applicant has proposed screening for residences within 500 feet of the facility 3) Section 22-2 60 B Support responsible energy and mineral development According t' the apphcahon the Solar Energy Facilityveil connect into the Xcei Energy power grid The application states that efforts will be made to protect the soil and minimize the impacts to the area Further once operational the proposed SEF creates no noise odor light or tlickenng vibration vertnm dust 'r other nuisances The operation of the SEF is virtually unnoticeable to neighbriz properties and d will not impact surrounding property owners nght to quiet enjoyment 4) Section 22 2 60‘B 2 states Ensure that infrastructure such as adequate roads and utilities exwts or can be made available poor to development o/ energy and mineral resource production toolbar's This portion of County Road 64 is a gravel road that is currently m engmeenng review as part of the County Road 68 alignment study and possible nght-of way acedZi'n that could potentially impact setbacks There is existing overhead elect"' semce located south of County Road 64 Exhibit H to Hearing Statement Page 3 of 12 SPECIAL REVIEW PERMIT (USR22 0027) - CBEP LAND 2 LLC C. CBEP SOLAR 2 LLC /O CBEP SOLAR :MIT PAGE 3 Section 23 2 230 85 — The application complies with Chapter 23 Exhibit H to Hearing Statement Page 4 of 12 SPECIAL REVIEW PERMIT (LISR22-0027) - CBEP LAND 2 LLC C/O CBEP SOLAR 2 LLC C/O CBEP SOLAR 6 LLC PAGE 4 by Chapter 23 Article V Section 23 5-40 use restnchons The apphcanl will be required to file wdh the Federal Aviation Admmislrehon whc will ensure that the proposed SEF fully complies vnth FAA regwrements forlhe Greeley Weld County Nrport The property is not within the 125 Overlay Distract Geologic Hazard Overlay Dislnct MS4 Muniapal Separate Storm Sewer System area Historic Townsdes Overlay Distract or Agncultural Hentage Overlay Dist. Building Permits issued on the property will be requved to adhere to the fee structure of the County Wide Road Impad Fee CountyFacility Fee and Drainage Impact Fee Programs Section 23-2 230 B 6 — The applicant has demonstrated a diligent effort to conserve pnme rgncua rat land m the locabonal decision for the proposed use In 2015 Sonn Natural Resource Partners LLC (Soon) owners of the subject property formed, described as Lot B of RECX13-0060 and is now descnbed via a metes and bounds via a Partial Vacation executed and recorded a permanent Dry Up Covenant and Easement The Dry Up Covenant and Easement, recorded September 28 2015 under Reception No 4145503 states the conditions restnct the use of water and water shares on lhls property Para phrasing here Sonn or their successors shall not allow the planting of any crops which can eMend roots into the underlying groundwater including but not limited to alfalfa Sonn or their successors shall re vegetate the property dunng or before the first growing penod after the effective dale of this Covenant wrath a dryland native grass seed that has been generally accepted for re vegetation purposes on this land subject to dry up and shall maintain the desired vegetation growth and take reasonable measures to keep the property free of noxious weeds The anent property owner as successor volt continue to maintain the dry land native grasses and will reseed as required for re vegetation purposes not only the area under the solar panels but the entire parcel per the covenant G Section 23 2 230 B 7 — The Design Standards (Section 23 2-240 Weld 1 Pnor to recording the map 2023 0070 PL2652 Exhibit H to Hearing Statement Page 5 of 12 SPECIAL REVIEW PERMIT (USR22 0027) - CBEP LAND 2 LLC GO CBEP SOLAR 2 LLC C!O CBEP SOLAR 6 LLC PAGE G A Fnal Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered m the State of Colorado is requved The map shall be amended to delineate the following 1) All sheets of the map shall be labeled USR22 0027 2) The attached Development Standards 3) The map shall bu prepared m accordance with Section 23 2 260 D of the Weld County Code Exhibit H to Hearing Statement Page 6 of 12 SPECIAL REVIEW PERMIT (USR22 0027) - CBEP LAND 2 LLC C/O CBEP SOLAR 2 LLC C/O CBEP SOLAR ;TIT PAGE 6 County Code) storage areas and miscellaneous improvements as applicable Clearly Indicate which items are temporary for use dunng construction and which items are permanent 6) Required fencing gates and emergency/si identification signage in accordance wrath Section 23-240 12 and Sargon 23 4 1030 C 6 of the Weld County Code On side lighting d applicable All fighting shall be downcast and shielded so that fight rays will not shine directly onto adjacent properties Include lighting spec ceagon detach on the USR map Refer to Section 23 2 250 D of ilia Weld County Code for design cntena Trash collection areas d applicable Secton 23 2 240 A 13 of the Weld County Cade addresses the issue of trash collection areas 9) Setback radiuses for existing oil and gas tank battenes wellheads and encumbrances d applicable Setback requirements are located m Section 23 3 70 E of the Weld County Code 0) Planned oil and gas surface development areas corndors access roadways etc as part of any executed Surface Use Agreement d applicable 11) The Screening Plan for residences within 500 feet unless a waiver from ilia resident has been supplied to the Department of Planning Sernces 12) County Road 64 Is a paved road and is designated on the Weld County Functional Clasfi cation Map as a local road which requires 60 feet of nght of way at full bwldout The applicant shall delineate and label the future and existing nghtrof way (along with ilia documents creating the existing it of way) and the physical location of the road on the site map or plat All setbacks shall be measured from the edge of nght of way This road is maintained by Weld County 13) This portion of County Road 62 is under the jurisdiction of the City of Greeley Please contact the municipality to verify the 14) Exhtb,t H to Hearing Statement Page 7 of 12 SPECIAL REVIEW PERMIT (USR22 0027) - CBEP LAND 2 LLC CIO CBEP SOLAR 2 LLC CfO CBEP SOLAR 8 LLC PAGE 7 ommercial/Industrlal or Od and as) Development Review wdl review ilia access location as a part of the plan suhmittal 15) The apphcant shall show and label the entrance gate d applicable An access approach that is gated shall be designed so that the longest vehicle (including traders) using the access can completely clear ilia traveled way when the gate is closed In no event shall the distance from the gate to the edge of the traveled surface be less than 35 feet 16) The applicant shall show and label the drainage flow arrows 17) If applicable the apphcant shall show and label the accepted drainage features Stormwater ponds should be labeled as Stonnwater Detention No -Build or Storage Area and shall include the calculated volume 18) All recorded easements and rights of way shall be delineated on the plat by book end page number or Reception number 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 apphcant shall submit a Mylar map along with ell other documentation required as Conditions of Approval The Mylar map shall be recorded ni the office of the Weld County Clerk and Recorder by the Department of Planning Sernces The map shall be prepared in accordance with the requirements of Section 2,2 260 D of the Weld County Code The Mylar map and additional requirements shall be submitted within 120 days from the date of the Board if County Commissioners Resclution The apphcant shall be responsible for paying the recording fee In accordance vath Appendix 5 J of the Weld County Code should the map not be recorded within the specified timeline from ilia date of the Boartl of County Commissioners Resolution, a $50 00 recording continuance fee shall be added for each additional three (3) month period Prior to Construction A e approved access and tracking control shall be constructed poor to onThsite construction If more than one (1) acre Is to be disturbed, a Weld County Grading Permit will be required poor to the alert of canstrucon The applicant shall submit an irrevocable standby letter of credit bond or attemate fans of security in an amount sufficient to fund ilia estimated decommissioning/reclamation costs required by Section 234 1030 B 4 of 2023-0070 PL2852 Exhibit H to Hearing Statement Page 8 of 12 SPECIAL REVIEW PERMIT (USR22 0027) - CBEP LAND 2 LLC C. CBEP SOLAR 2 LLC C/O CBEP SOLAR B LLC PAGER the Weld County Cade for acceptance and approval by the = County Board of Counly Commissioners Once approved the Decommissioning and Reclamation Plan shall be updated to Include the approved secunty information The Use by Special Rewew PerrnR is not perfected ust the Condinons ofApproval are completed and the map is recorded Activity shall not occur nor shall any Bwlding or Eleclncal Permits he issued on the property until the Use by Special Review plat is ready to ti recorded m 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 4th day of January AD 2023 BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO ATTEST (d,, .det;lik Weld County Clerk to the Board to ey Date of signature m/24/23 2023-0070 PL2052 Exhibit H to Hearing Statement Page 9 of 12 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMI7 DEVELOPMENT STANDARDS CBEP LAND 2, LLC CIO CBEP SOLAR 2, LLC CIO CBEP SOLAR S, LLC USR22 0027 Site Speafic Development Plan and Use by Special Renew Permit USR22 0027 is for Solar Energy Facihly (SEF) outside of subdivisions and historic townsites m the A (Agncultural) Zone Distnct subject to the Development Standards stated hereon Approval of this plan may create a vested property nght pursuant to Section 23 8 10 of the Weld County Code Any future structures or uses onsite must obtain the appropnate Zoning and Budding Pennels The facilely is unmanned and ill operate year round Limited maintenance personnel may nsrt the site once operational 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 Glare The SEF shall be placed so that concentrated solar glare from its solar collectors well not be direched toward or onto nearby properties or roadways at any time of the day Dust mitigation The operators of the SEF shall continuously employ the practiees for conUol of fugitive dust detailed m then accepted Dust Mitigation Plan per Section 23+3 1030 C 4 of the Weld County Code as amended Exhibit H to Hearing Statement Page 10 of 12 DEVELOPMENT STANDARDS (LISR22 0027) -CBEP LAND 2 LLC C/O CBEP SOLAR 2 LLC C!O CBEP SOLAR 8 LLC PAGE 2 letter of credit or other form of financial security to pay for decommissioning in the event that the holder has not commenced decommissioning and reclamation activities within 90 days of the Board of County Commissioners order or Resolution directing decommissioning and reclamation 12 The site shall be maintained in accordance with accepted Property Maintenance Plan 13 The property owner shall maintain compliance with the Dry Up Covenant and Easement recorded September t2 2015 under Reception No 4145503 al all times 14 A Flood Hazard Development Permit l: regwred far all construction or development occumng in the Ooodplam or Floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Maps t108123C-1535E issue date January 16 2018 (Sand Creek Flodplain) Any development shall comply with all applicable Weld County regwrements Colorado Water Conservation Board requreementa as descnbed in Rules and Regulaticns for Regulatory FloodspZit in Colorado and FEMA regulations and requirements as descnbed in 44 CFR parts 59 fi0 and 65 The FEMA definition of development is any man made change to improved or unimproved real estate including but not hmded to buildings or other structures mining dredging filling grading paving excavation drilling operations or storage of egwpment and materials FEMA s floodplain boundaries may be updated at any time by FEMA Prior to the start of any development actmhes the owner should contact Weld County to determined the floodplam boundaries have been modified 16 During construction all liquid and solid wastes (as defined in the Solid Wastes Disposal Sties and FacAihes Ad CRS §30 20 100 5) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination 17 During construcllon no permanent disposal of wastes shall be permitted at this site This is not meant to include those wastes specifically excluded from the dnion of a solid waste in the Solid Wastes Disposal Sites and Facilities Act CRS §302101100 5 18 During construction waste materials shell be handled tored, and disposed of in a manner that controls fugitive dust fugitive particulate emissions blowing debris and other potential t once conditions The facility shall operate in accordance with Chapter 14 Article I of the Weld County Code 19 During canstruchon adequate toilet facilities and handwashing units shall be provided Portable toilets shall be serviced by a cleaner licensed m Weld County contain hand semtizers be screened from public view and removed when canstruchon is completed 20 Fugitive dust and fugrtwe particulate emissions shall be controlled throughout the duration of construction of the facility 21 The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Cade 2023 0070 PL2852 30 31 32 Exh,bit H to Hearing Statement Page 11 of 12 DEVELOPMENT STANDARDS (USR22 0027)-CBEP LAND 2 LLC C/O CBEP SOLAR 2 LLC C!O CBEP SOLAR 8 LLC PAGE 3 22 The property owner or operator shall be responsible for controlling noxious weeds on the site pursuant to Chapter 15 Articles I end II of the Weld County Code 23 The access to the sde shall be maintained to mitigate any impacts to the public road including damages and/or off sde tracking 24 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 poor to commencement 25 The property owner shall comply with all requirements provided in the executed Road Maintenance Agreement 26 Weld County is not responsible for the maintenance of on site drainage related features 27 The historical flow patterns and runoff amounts on the site will be maintained 26 The property owner or operator shall I e responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code 29 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 corned cut on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations The Use by Special Review area shall be hmded to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations Substantial changes tram the plans or Development Standards as shown or stated shall require the approval of an amendment of the Pennd 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 it the office of the Department of Plannng Services The property owner or operator shall be riecra lhle 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 Exhibit H to Hearing Statement Page 12 of 12 DEVELOP sENT STANDARDS (USR22 0027) - CBEP LAND 2 LLC C. CBEP SOLAR 2 LLC C/O CBEP SOLAR 8 LLC PAGE 4 35 The Weld County ra to Pann Statement as d appears m Sechon 22-2 30 A 4 a of the Weld County Cade shall be placed on the map and recogrnzed at all times 2023 0070 PL2852 Exhibit I to Hearing Statement Page 1 of 15 9 EXHIBIT -0005 Before Before the Weld County Colorado Planning Commission Resolution of Recommendation to the Board of County Commissioners Moved oy Butch White that the following resolution be introduced for denial by the Weld County Planning Commission Be it resolved by the Weld County Planning Commission that the application for Case Number USR23-0005 Applicant Kenneth Harnng c/o CBEP Solar 6. LW Pianrer Kim Ogle Request A Site Specific Development Plan and Use by Special Review Permit for a Solar Energy Facility (SEF) outside of subdivisions and histonc townsites in the A (Agncuttural} Zone District Legal Description Part of the NW114 of Section 32 Township 7 North. Range 65 West of the 6th P M Weld County Colorado Location Approximately 980 -feet south of County Road 76, approximately 1300 -feet east of County Road 39 be recommended unfavorably to the Board of County Commissioners for the following reasons 1 The submitted materials are in compliance with the application requirements of Section 23-2-260 and Section 23-4 1030 8 of the Weld County Code 2 It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23.2-220 of the Weld County Code as follows A Section 23-2-220 A 1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect Section 22-2-10 slate the Guiding Principles that serve as the foundation for land use policy in the County Section 22-2-10 B states 'One of the basic principles upon which the United States was founded is the right of citizens to own and utilize property so long as that use complies with local regulations and does not interfere with or infringe upon the rights of others The proposal meets the intent of A (Agricultural) Zone District including the Principles Goals and Objectives as outlined in Chapter 22 and permitted under Chapter 23 as the facility will produce energy harvested from the sun and will not interfere with adjacent agricultural operations The applicant and property owner has made a business decision on the highest and best use of his property without irrigation water Of the thirty-five t+t- 35j acre parcel twenty-eight (+/- 28) acres will be utilized for the proposed solar energy facility The land under the solar panels wil be planted with a dry -land native grass seed that has been generally accepted for re -vegetation purposes for the entire parcel and will be maintained with no allowance for noxious weed growth Section 22-2-60 B "Support responsible energy and mineral development According to the application materials the Solar Energy Facility will connect into the Xce► Energy power grid The application states that efforts will be made to protect the soil and minimize the impacts to the area Further. once operational, the proposed SEF creates no noise odor light or flickering, vibration. vermin, dust, or other nuisances The operation of the SEF is almost entirely unnoticeable to neighboring properties and it will not impact surrounding property s right to quiet enjoyment Section 22.2-60 B 2 states -Ensure that infrastructure, such as adequate roads and utilities exists or can be made available prior to development of energy and mineral resource production facilities - County Roads 76 and 39 are local paved roads There is an existing overhead electric service located east of County Road 39 that serves as the interconnection point to the proposed facility Exhibit I to Hearing Statement Page 2 of 15 ResalWon USR23-0005 Kenneth Ramng do CSEP solarLLC ELT rectos 234 220 A 2 — The proposed use is not consistent with the intent of the A (Agnculturag Zone Distract Secbon 23 3 10 — Intent, of the Weld County Code states Agnalture in" County is considered valuable resource which must be protected from adverse impacts resulting from unconlrolted antl undirected business mdusinal and rLdenballenduses TheA(Agncur Zone Distnclrsestabhshed to maintain and promote agnwlture es an essential feature of the County Issues raised addressed the use of the lend fora solar farm and not an agricultural farm when there is water for this p rp from the Far Far Lateral C Section 23 2 220 A The uses which will be penmtted will not be compatible with the ewstmg surtoundmg lend se3 s Theproprtyis=rtilfivehundred(560)feet offourteen(14)rIToenswithfourteen" homeswdh the solar fauhryfootpnnl located within five hundred feel of cone (g) homes speufieally nosh end east of the SEF footpnnt Six (6) surtoundmgproperty owners testified at the heanngihattheywem opposed to this protect Severelimpacts outside of generally recogn¢ed farming precbcea mcludmgihehummmg noise lromtheinv ri it,iean'r:r nge;Z:a sand conveyance ofimgabon ester impacts an farts vulture mcludmg the potential far environmental degradaban due to leaching of aluminum lead end cadmium from the solar panels and most importanIly not addressing the impacts to area vnitllife mcludmg the flock of wild turkeys and nesting raptors D Section234204—Theuses"bthge Tigr7rmdtedvnllbecompakblevnthfuturede Prronentot the surrounding area as permitted by the extshng zornng and with the future development as prolectetl by Chapter 22 of the Weld County Code end any other applicable vide provisions or ordinances in effect ar the adoptetl Master Plans of aRected mumupaldtes E Section 2,2220A5— The application complies with Chapter 23 Moles V and Xl of the Weld County Code Exhibit I to Hearing Statement Resoluban USR23-0005 Page 3 of 15 Kenneth Hemng Ue C6EP Solaro LLC Pepe 3 G =erst23-2220A7—Therels7tItdi le Irguer erthe'leWon oflhe health safety and welfare of the inhabdants of Ne neighborhood and Ccunty TheItTni Standards(SecUn 232240 Weld County Code) Operetion Standards(Section 232250 Weld County Cade) Condihons of Approval and Development Standards ran ensure Nat thereare adequate provisions for the protection of heal' sale' and welfare of the inhabitants of the neighborhood and County This proposal has been reviewetl by Ne eppropnete referral agencies and eh" been determined that the attached conditions of approval and development standards ensure'al there are adequate prowsionsfortheprotechon otthe health safety and welfare ofNelMebdants olthe neighborhood end ceunty and volt address end mNgate Impacts on Ne surtounding area vnth the Installa0an of Nis SEF This recommendation is based m part upon a review of Ne a sP rcoton metenels submitted by the "Ph 'a' o'er relevant mformahon regarding Ne request and responses from referal entities Poor to recording the map Theapphcant shall attempt to addressthacencems of the Public Service ofColoredo (Xcel Energy) as stated in their hrertal dated Febr iary i 2023 Evidence t!ttli shall be submitted the Department of Planning Services (Pubhe Semee of Colorado) The epphcent shall address the concerns of the Gele Lateral and For Far Lateral ditch cempanies es statedintch irreferaldated Februa Eii?,3 Evidenceotsuchshallbesubmitt ire Depadment of Planning Services (Department of Planning Services) Theapp6centshall subrrut recorded evidence'at the eighteen(teJ footwlde access easement across LotAo(RE 1634ibEeunderrecephae 2419697dated December211994and Lottierai recorded untler reception no 3335453 dated October 28 2005 may be utilized for access to Parcel 1 and Paroel2 formerly part of LotBRE-4183and now part ofVacaUon Platrecorded underrecephon no 4687393 dated November l6 2022 Evidence of surh shat eaftmltted to Ne Departderg Planning Semces (Department of Planning Services) D The applicant shall submd a Penang plan for rewew and acceptance if not ublmng the perimeter game fence with gates as stated m Ne application metenels (Department of Planning Semces) E Theapplicent shall submit to the Department o(Planntng Services any screening waivers from residents vnthin five hundred (500) feet If waivers ere not obtainetl opaque screening Is requiretl per the accepted Depadment of Planning Semces Landscape end Screening plan (Department of Planning Serncea) F If utilizing a vegetative matenal for visual mitigation to srfeen Ne faulity from ad)oimng properties to the west end north Ne applicent shell submitan vngaban plan to the Department of Planning Semces for rewew and acceptance (Department of Planning Semces) G ARoad Maintenanceggreement (ConsWchon)isrequired alNislocehon Road memtenance lndudes but is not limmetl le dust control and damage repay to stptses haul routes tlunng censtroction (Development RewewJ H The map shall be amended to delineate the follovnng Exhibit Ito Hearing Statement Page 4 of 15 Resolution USR23-0006 rpli5 Ramng Uo CBEP Solar 6 LLC Page 4 " All recorded easements and nghLs-of way shall he delineated on the plat"book end page number or reception number (Department of Plannmg Sernces) 2 Uponcomplebonof ondihonofAppreval#lebovetheapphcantshallsubmdone1:`,V,mcmpy(pdf) of the mapfor prelimmary approval to the Weld County Department of Plannmg Services Upon approval of Exhibit I to Hearing Statement Re solution DSR23-0006 Page 5 of 75 KenneN Hamng do CBEP Salar6 LLC Page 6 Nemap the applicant shall submit. Mylarmap alongwM allotherdoeumentahon reguiredas Condlhons fr Approval The Mylarmap shall be recorded In Ne office of the Weld County Clerk and Recorder by the Department of Planning Semces The map shall be prepared m accordance wIN Ne requirements of Secban 23-2 260 D of Ne Weld County Cade The Mylar map and "ticro l requirements shell be submitted vnNin ono hundred lvrenty (120) days from Ne date of Ne Board of County Commissioners Resolution The applicant shall be responsible for paying Ne recording fee (Department of Planning Semces) 3 In accordance wdh Appentlix 6 J a1 Ne Weld County Cade should the map not be recordetl vnNm the sirE tin s from Ne date fthe Board of County lt:iih stoners Resolution n360 it recording continuance tee shall he added far each additional 3 monN penod (Department of Planning Semces) 4 Pnor to Construction B It more then 1 acre is to be cute betl a Weld County greding permit will be required poor to Ne 'art' consWchon (Development Review) Exhibit I to Hearing Statement Page 6 of 15 fiesoluhon USR23000fi KenneN Hamng Uo CBEP Solarfi LLC Page e Mahon seconded by Sam Gluck VOlE For Denial Elqah Hatch Slup Holland Sam Gluck Butch While Pamela Etlens Mmhael Wades Michael Palim The Chaird org the resoluhon passed and ordered that a cerMed copy be forwarded""file ofthis case to the Board of County Commiss�aners for fudher proceedings Cerhficahon of Coot I Knshne Ranslem Recording Secretaryfor eo Weld County Plamm�g Commissmn do hereby certdy ot,T; eoove end foregoing resoluhon is a We wpy of the resoluhon of Ne Plamm�g Commission of Weld County Colorado atlopted on March 7 2023 Dated the 7. of March 2023 Knshne Ranalem Secretary 10 11 12 Exhibit I to Hearing Statement Resolusan USR23-00c5 Page 7 of 15 Kenneth Hemng do CBEP Solar 6 „Lc Page 7 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Kenneth Hamng USRZ3-0005 Sae Speafic Development Plan antl Use by Speual ReYlew Pertnd(or a SolarEnergY Feahty (SEF) outside of subdmslans and hlstonc tawnates in the A (Agncvlturel) Zone Dlstnct subject to the Development Stantlards stated hereon (Department of Planning Services) 2 Approval of tins plan may create a vested property nght pursuant tc Section "-D of the Weld County Coda (Department of Plamm�g Semcea) 4 Thelaahtyls unmanned andw�ll operateyear round Llmaedmatnlenance personnel maywsdthe site once operational (Department of Planning Semcea) Helghtbmllebon Ground -mounted solarcollectors shall not exceed twenty five (25)faetmhe�gM measured fiom the highest natural grade below each solar panel to Ne highest extent of the solar panel rotation (Department of Plamm�g Semces) Glare The SEF shall be placed so Nat concentretetl solar glare from its solar collectorsvnll not be directed tavard or onto nearby properties or roadways at any time of Ne day (Department cf Planning Services) Dust mitigation Theoperators ofNe SEFshall continuousty employ Neprecticesfarcontrol offuglbve dust detailed m Nea accepted Dust MNgation Pian per Section 23�i-1030 C 4 of the Weld County Code es amentled (Department of Plamm�g Semces) Undergrou ncnae6es Allelectnteccao es ont d7eTcvedareashallbebuned exceptfordueGanentstnng vnres that connect between solar collectors direct current collecban urouds hetween rows of solar arrays Nat are nc more then four (4) feet above grade crossings substations swltrh 4' and arena voltages greater than 34 5lulovolts (where necessary) (Department of Plamm�g Semces) Fenung The SEF shell be enGosed vnN a secunty fence as accepted pursuant to Na Fenung Plan es presentedint Tiitrasanmatenals Appropnat if,eageshallbeplaceduponsuchfenangthatwamsthe public of the high voltage Nerem (Department o(Plannmg Semces) Stormwater management The Dparelorof the SEF shall compty vnN Ne approved F1nal Drainage Report andihe required Stortn Drainage Cntena utto ChepterB Anc�leXl ofNis Cotle Ground mounted solar collector systems shall be exempt .m6,107:100. sudace calculations If the sad under Ne collectors Is Exhibit I to Hearing Statement Page 8of15 Reseluhon DSR2&0005 KenneN Hamng Uo CBEP Solar6 LLC Page B 13 During censWcoon all liquid antl soled wastes (as defined m the Sohd Wastes Disposal Snes antl FaalNes Act, 30 20 100 5 CRS ) shall be stored and removed for final disposal in a manner that protects againstsudace and groundwatercentammah°n (Department of Public Health antl Fltnronment) 14 During rnnsWchon no permanent tlisposel °[wastes shall be pertnitted at this sde This is not meant to mdude Ih°se wastes epeufcdlly exGuded from the dafimhon of a 6ohtl waste m the Sohd Wastes Disposal Saes end FacARies Act, 30-20.10D 5 C R S (Department of Puhhc Health and Fsnronment) 15 During consW cbon waste materials shall be hantltetl stored antl tlisposed m e manner that controls fugdrve dust fugitive particulate emissions blowing debris and other poten6alnwsance cendihons The faahty shall operate in acwrdance vnth Chapter 14 Article 1 'thew' County Code (Department of Public Health and Envsnment) 76 During censWchon adequate toast faahties end hendwashing unds shall be prontled Portable toasts shall be semced by a leaner hcensetl m Weld County contain hand sa iz.be be screened from public new and removed when consWcban is completed (Departrnent of Public Health end Environment) " Foravetlustandefpl vepanc�lateemissroneshallbe c°nVolledthroughoutthedurehon ofcensWchon of the fauhry (Department of Public Health and Environment) 1B Theoperahon shall eomplyvnth ell applinablerules endregn: nsotState end Federal agenaes and the Weltl County Code (Depadment °(Puhhc Health and EnwonmenQ " Thepropertyowrier�roperalorshallberesponslbleforcenirollmgnowousweedaonlha sde pursuant[° Chapter 15 ANGe I and II of the Weld County Code (Development Renew) 20 The access to the sde shall be maintained to mitigate any impacts 'the public road including damages and/or oR site traclung (Development Renew) 21 Anyw°r Z7:ay°ccupyand or en irtto'ponany Count' nghtsofway oreasementshalla°gwroan approvetl Rightof Way Use Permit poor to commencement (Development Review) 22 The Property Owner shall comply vnth all """me"' provided m the executed Road Maintenance Agreement (Development Renew) Exhibit I to Hearing Statement Page 9 of 15 an low mawng farm vehicles on do.,,, animal confinement in4ng and trapping ac6w6es �s and krtd¢ers m the fields Exhibit i to Hearing Statement Page 10 of 15 Exhibit I to Hearing Statement Page 11 of 15 haA regular meeting of the Weid County Planning Commission was held in the Weld County Admmisiragon ng Hearing Room 1150 O Street Greeley Coioredo This meeting was wiled to order by Chan Elijah Hatch at 133 pm. Rail Call Present Etiiah Hatch Scup Holland Sam Gluck Butch While Mlrhael Wailes Pamela Edens Michael Paluzr Absent Stoma Morgan Also Present tt Ogle Diana Aungst and Jim Flasher Departmental Planning Semws Lauren Light Department of Health Kann McDougal County Adomey end Kris Ranslem Secretary Cax Number APPhmnt Penner Rrquest g Uo C9EP Salar6 LLC rent PWn end Use by Speaal Z,LI Penn: br a Solar lutaEa of aubdmmona end hisfodc lownsiies in Ne A Exhibit I to Hearing Statement Mr Bremmer referred to the gods of turkeys and said that They are working wdh the Colorado Dmsion of Wildlife to make sure that all the boxes are ehedced 1Mlh regard to the Beld Eagles they do have to comply with all federal and state laws and malung sure That consW dion occurs outside of the nesting season Mr Grammer said that according to the studies that they have seen Ihey show that there is- negaWe rmpads on property values for properties adtacent to solar facilities Exhibit I to Hearing Statement Page 13 of 15 Mr crammer refed7 to Ma MAlefs statement of the wew from lhelr top deck and said that Nere Is not a lot that Ney can do about that However Ne panels when Ney are fully tilted will he about 10 feet tell so Ney should still be able to see over the top of the panels Mr eremmer said that there Is "glare and will be happy to forward Ne glare study to anyone Mr Grammer stated that Ney have no curtent plans to remove Ne cottonwood trees that Ne owls habitat In He added Nat he Is not sure that Ney are an the applicant s property Ilna Mr eremmersarddirtt eh awarethatts epropertyhadwrryingnghts butbasedonthet aorphNat (tied ellomeys conducted Ne carrying nghts were super)unior so Nat Is why they looked at other options Wdh regard to the drainage oflhe site Neydid suhmdadrernage report and found that Nerewas no unpaet to theneghbonng propertes or Ne ditches Mr erammeraddedt aTeydohaved lead based solar panels however rt is the same amount as what is m a shotgun slug He added that in order for Ne lead to be released into Ne water or ground the panel would essentially have to explode for it to break into lnlle ehunka and he has not seen any sort of event Nat would cause a panel to explode unless done intenhonaily 1 Grammer said Nat there Is rn ewsting itnrse lsslan Ime Nat Is along Ne field and this facddy wlll be connected to Nat tine Dunng consWcaon Nere wall be 10 to 15 ors per day but will last four (4) months end then they wall only access Ne site as needed to maintain the land He added Nat Ney wltl compty = ell the Weid County setbacks Mr crammer said That Ney don t have a plan for Flles insects and manure as Ney dpn t think about that but added Nat Ney wlll have a plan to account for Nat at regard to Ne remaining property Mr Hamng has to the west Mr Grammer said that he Is not sure what tits plans ere Cammissioner Holland asked d Ney are aware of the protection c! Bald Eagles Mr Grammer Bald Nat there I9 a Bald Eagle and Golden Eagie Prolecbon Act and so for each one of then protects Ney have to leok !or an eagle nest wlthm Ne aurroundmg area He added that rt there era active nests when Ney sled Exhibit I to Hearing Statement Page 14 of 15 Commissioner Hatch referred to the Miller home and asked what the distance rs from where the proposed solar faulty is to then property Mr Grammer said that from the fence Ime d is apprmumatety 200 feet to the residence and approwmately 1000 feet to the inverters Mr Hatdr asked d any of then other protects have been this dose to residenfua properues Mr Grammer said that they h of Mtliiken where they were 25 feel from a residence The Chatr asked the appl'ant rthey have read through the Development htandands and Conditions of Approval end d They are m agreement with Ihose The applicant replied that they ere m agreement Motion Forward Case USR23 0005 lc the Board of County Commissioners tinge= the Cerar s of Approval end Development Standards with the Planning Commission s recommendation of denial Moved by Butch White stating that R wolates Section 23 2 220 A 2 by talung productive fertnland out of produehon end d aces not meet Section 23 2 220 A 3 as d rs not wmpatible vntlh the ewsting eurrrounding land uses Seconded by Sem Gluck ;Commissioner Holland agreed with the recommendation end added that he behaves d rs also not eomphant lb" Becuon 23 2 220 A 6 relaee b property wnsemng pnme agnculturel lend m Weld County Commissioner Wades questioned d that pamcular parcel is designated ap pnme farmland Comminror, Pel¢zr referred to the sfaN recommendation where d is stated that no pnme land has been taken out of production Commissioner Palozi referted to Seehon 232 220 A 2 where d states that The A antz tural Zone r tnct is intended to prowde areas for the conduct of agnculturei eclmties and eetmties related to agnwlturel and Fiii:agncultural production and forareas fornatural resources extraction and energy development without the ince of other mwmpara land uses He said that this rs energy development antl m his apmion it rs compatible Vote Motion passed (summary Yes=5 No=2 Abstain=0) Yes Butch While Elgah Hatch Pamela Edena Sam Gluck Siup Holland No Michael Paliai Michael Wanes Commissioner Hakh staledthat he is voting fordemalnotn essi:I ntyforthereason ofstugdoutof pnme land He added that he ie favorable to solar and operetea a solar business but m this situation he is net sure that d is compatible with the surrounding land use of the individuals that are there Meeting adloumed at 410 pm Respectfully submitted Knstine Bantam Secretary Exhibit I to Hearing Statement Page 15 of 15 C' 5 r i' t chcrs.t--O _ ti6 , if T r t' r f !I *1 4_ Cn • Y ,,, if F. / ? :ft ii r, . t; er tAO r __., P p .1 I John Doe NAME PLEASE PRINT LEGIBLY Bk-ik: :).4 ,;\ k g rta a ifi frA,414 ti s 1 '-'s7o l_. ,� .„5-1..,, --ID-4U V 1/4,--H �C T 'ir, � '.. C r c:V Le. a Z" lz* 4Psi 0) r" -°y £ 77 artrof/ v'"_ _....,,, 1-� 4.1--rt- ,,O 4 3 : I \ , ,moo 1► 1 - N p tip .._,70, n \Ai _ ,,--.... 6" C rn l' Q co . 'I _.. -j e Ciptt) r D 7 's S‘'stk 1/4--, 1, V t) t s cc): r = k t , `Act M+ib dt j_ C+ueh,. fa 14751 1 123 Nowhere Street, City, State, Zip ADDRESS ,4..c.t., ''r �, nn(„ a_i, 1 i 1 vi,t.uk ,,,,, ,-;?....„-� m Fir Li �' I 5 A -. v oh !Z k. -1/4J 64 off til 1 1 cA--ia e 2.' i "--- 0 r i pp, ��c a I `1. ns h--r,C Irp-k, ! e4 •J ct-A Pr kt ;;.9 pt rhi,€ r--tt 4 - t ii ` ' s- ,Ir. - — •` Mg', 4 a '0 Q 7. toT1 V e EMAIL '41 k r r '2-. ,A vsti„,k, ,. 08OD38 3DNVG N 3114 Exhibit J to Hearing Statement Page 1 of 3 RESOLUTION RE ACTION OF THE BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR23-0006, FORA SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES A (AGRICULTURAL) ZONE DISTRICT - KENNETH HARRING, C/0 CBEP .1,1;7 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 22nd day of March 2023 at the hour of 1000 am in the Chambers of the Board for the purpose of hearing the asst twn of Kenneth Hamng 5620 E1% County Road 1000 Scuth Cloverdale Indiana 46120 e/o CBEP Solar 6 LLC P O Box 1255 Starting Colorado 60751 for a Ste Spec�c Develcpmenl Plan and Use by Speclal Review PermR USR23 0005 far a Solar Energy Facility (SEF) outside of subdmsions and histodc lownsmes m the A (Agnculturaq Zone District on the following described real estate being more particularly described as follows Being partof the NW1/4 of Section 32 Township North Range 65 West of the 6th P M Weld County Coiorado WHEREAS, on March 22 2023 the Board heard all of the testimony and statements of those present and reviewed the request of the applicant fora continuance and having been fully informed continued the matter to May 3 2023 at 10 00 a m t I allow the applicant adequate lime to address the concerns of surrounding property owners and WHEREAS, at said hearing on May 2023 the applicant was represented by Zech Grammer Cloudbrealc Energy Partners P O Box 1255 Slerling Colorado 80751 and WHEREAS, Sedion 23 2 230 of the Weld County Code provides standards for review of said Use by Special Review Pertnd and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present sludled the request of lha appllcant and the unfavorable 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 DENIED far the following reasons 1 The applicant has NOT demonstrated that the request is in conformance with Section 23 2 230 B of the Weld County Cade as follows A Section 23-2 230 B 2 —The proposed use IS NOT consistent with the Intent of the A (Agricultural) Zone District 4922091 Pegea 1 of 3 Cdr Y=Ropy � lCi�r� iM R�ce�tl� 30Ya1E Cpwly fA ��ul�fiRV6lhhl�t#�a11,rWilh�:Hl4}iII�hPlfitlliSi4}S�� CC PLCt►/MNMo) CRSKM) RP 06/09/13 09/26/23 2023 0763 PL2862 Exhib,t J to Hearing Statement Page 2 of 3 DENY SPECIAL REVIEW PERMIT (USR23 0005)- KENNETH HARRING CIO CBEP SOLAR 6 LLC PAGE 2 Section 23-3 10 — Intent states Agncullure m the County rs considered a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected business mdustnal and residential land uses The A (AgnculluraQ Zone Drstncf rs established fo 7In end promote agnculture es an essential feature of the County The proposal does not meet the intent of the A (Agncullural) Zone District due to the faC the land Is ungable and could still promote agriculture as water is available to renVlease from the For Far Lateral and the parcel is currently being used far an agncultural use Adddwnally there is contain that the use could negatively affect surrounding agncultural parcels, due to the potential spread of Catarrhal Fever to nearby livestock The Residential Well Permit is insufficient to support the proposed use of:tienng livestock and establishing trees and landscaping on the parcel Section 23 2 230 B 3 The uses which are proposed are NOT compatible wdh the ewshng surrounding land uses as the uses surrounding the proposed sde ere residential and agncultural The use of watertrucks is not sufficient to establish the dry land grass which would mitigate dust blowing off of the sue and affecting surtounding property owners Section 234 230 B 6 — The applicant has NOT demonstrated a ditigent effort to conserve pnme agncultural land in the locational deciswn for the proposed use Because this land has histoncally been imgated with rentedAeased water and is currently being used for agnculture the applicant would be taking agncultural lend out of production NOW, THEREFORE, BE IT RESOLVED by the Board of County Commisswners of Weld County Colorado that the application of Kenneth Hamng 5620 East County Road 1000 South Cloverdale Indiana 46120 clo CBEP Solar 6 LLC fora Site Specific Development Plan and Use by Special Review Permit USR23 0005 fora Solar Energy Facility (SEF) outside of subdivisions and hislonc townsites in the A (Agncullural) Zone District on the parcel of land descnbed above be and hereby is denied 4922091 Pegaa 2 of 3 00/22/2033 10 01 M R Fea S0 00 a.ry xuvoe. er.�..ne aeoera.� Ya1G Caunly co �� f� 5ii �ltih �ll it Si I :4} 1� Ill Exh,bit J to Hearing Statement Page 3 of 3 DENY SPECIAL REVIEW PERMIT (USR23 0005)- KENNETH HARRING C/O CBEP SOLAR 6 LLC PAGE The above and foregoing Resolution was on motion duly made and seconded adopted by the following vote on the 3rd day of May A D , 2023 BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO 49ZZ091 P.Mr° 3 09/I2/20tJ 10 91 M .34! f0 00 c..h woo . c1a1 .w R.ccra.aceu,lr w 2°24%N Exhibit K to Hearing Statement Page 1 of 1 CAD F Parcels (2 Owner: RAY DO W C T1 E 0 Account R6765206 Parcel: 080334200001 Address: 21308 COUNTY ROAD 54 WEED Subdivision: Section: 34 Township: 6N Range: 65W Taxes = ropert, Report. Data Search Buffer $ales Owner: RAY RUSSELL S 0 Account 86765206 Parcel: 0803342 01 Address: L 308 COUNTY ROAD 64 WELD Subdivision: Section: 34 Township: 5iNg Range: E 5..A/ Taxes Property Report Data Search Buffer Sales Displaying I •2 (Total! 2) 41 4 Cage 1 ce 1 ► 1* giaP _ aisbar � w Parcels'2) X re Lat 4013677 %A fi% .12 11K. 1 n, n antes a O s 0t w941.5; hie Case: ETON,' 91 o, a per Str... FArfela .94 _3_ rmooi ,-,, 4b1 451 •s W -� nijittl C - a a an. go. ELD COUNTY, CO USR23 0021 Applicant: Dave Weinmeister, c/o CBEP Solar 13, LLC Planner: Kim Ogle Request: A Site Specific Development Plan and Use by Special Review Permit for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Legal Description: Lot B 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. Location: North of and adjacent to County Road 54; approximately 0.5 miles west of County Road 49. Exhibit L to Hearing Statement Page 1 of 19 nrinyt this prnperN will he heard before the PuW+c htrs►nnq ra�tty planning Commt slop and Board of County Commissioners Bout henrlrio will ho hold at: WELD COUNTY ADMINISTRATION BUILDING 1150 "O" Street Greeley, Planning Comml:Slun I ICanrtg yntl be hold nn errsMRC,C_,_ 2113 at La Board of County ConlrntSSiunet Hoann9 wilt De hold o'l t,;t• LoN1 Et.rttme' Request -�-� motel Use Pl•rnul :oft Specific U vtIvpment Plan and Special fora Soler Ertetgl• roc.I.tt (Sit') Outside tof s rallco leatotln �n4l h.Storll tOWn6hoa en Inc A (Agnosy ic, Case Number. FOR FURTHER INFORMATION PLEASE CONTACT Cb _--AT THE WELD COUNTY DEPARTMENT or PLANNING srjortEs, AT °74.40 SAM of sat In • • t . vrat weRICDUI I) onniri e.•.IN r.. 1 f-.... i•`.wYw.+ M-. .)tb re -ter t• A.• es..�•.�n0•......- ••>...�a.,I �..rrr ar.nq PI0 4 14 I `4 +IiIIr• ttaarrr1415 cpnr-ernrrr his lltn County !'lNr,y/rnny yt11 Un IN44/ dr�4,. kr lkrard of COI l,.ratrrmiltistnrr //,v Coon ci tIcflh hr►rtn ry is ��/IrnAuK�tr WELD COUNTYADMINISTRATIONH!//LDING n" Street - Greeley. CO 1y0e,;1 I'ld111.••1(r t;fNttlrf nHl/N. }kreel.l•xi Wahl. IWkO. n 5 •..MP3eft 2+r'ZIS .rr �.3o1r tiont•f 1.r. 12 )4, tit r7 .trill tro •Ionnlw: W11Lw• ruwr ra• ... . an... a.».y, •,,,,,. err. n�.p.�r at a Vaa~a,neireawb "' . � L te L. ..ri 1 • -, - —. • 1 T Itt ♦ 9.1 t_ ► I Exhibit L to Hearing Statement Page 2 of 19 14 ty_•.i{ 40 Wit, r 13,FJ`�. vv After i r p.. :may • 1 •••••••/.7,..a. Cs !lti - WELD COUNTY, CO C:hapter 4— Future Growth USR KERSEY. COLORADO Fixture L S Use . Large Scale 3 J 9 gisa • s en sell! OWN nil lee � w . I....._._ w_ Kane, Ile won ai ouunass■ Cosner! NMI IMP ,y3. g tsa s• -=.l. . .mi••• a as _OMB Exhibit L to Hearing Statement Page 4 of 19 - r: satj 0 F%nnp akaLie.; l ta+ Si " all hi Leif- f- arr+ ;Y' Kim tNdio! 12 Cwrrnrct n Pi Je4 jut t ` 1-LLh,a Ay ill v .a Wig r el I h a 5 1 Cuwin v.':sd i e0.OC4S I :yu"-!rrb-I :I•'uibic I. P.v cc .1r .1 zf..a 9 :14-41?st W Int #k ' uus IV Po A L. U.; !'n h is 4 Tina Mei7:044 Ca a& E4: -+sr: ss• Difariecl Ln:w-t Uiad Liu •so a eV 11' h tformay inffowrt:.l Artil f • cj Kee e j lirh!en to.A mix IN *neat C Ruawca fln Parasitic CK.*' .s, Rob p; metal P lel Part CMtar ki > H al lain aarw ic 7 Ar5 quo Awns, Lit Exhibit L to Hearing Statement Page 5 of 19 /BYRES Future Land Use Weld County, Colorado AYRES ASSOCIATES. 34G3 o3icwaoe !3I; Parkway Ea. Qa,re, WI 1.4701 Fkoe,t 514160.8.23.2021 MAP1 WELD COUNTY, CO •nuI111111/11111111 IIIIIiut1111H11uu,. inu11111111111111 1111111III111111u USR -808 r` NU SR 13-0004 RECREATION FACE PRIVATE ^/We P- FARM, LEARNING, HUNTING, REC rte' ; .r ___ Z �"�f `� r USR 1413 eli, KER S E Y } r USR T04 PAINT BALL PARK - ' L C O. 140 HEAD -�� - 11 In I tri U I USR-1208AM t:Nstm RECREATION FAC_ , PAINT BALL ci SUP -306 OIL & GAS PRODUCTION FACILITY GRAVEL'MINING MU SR.12-0012 .RV PARK, STORAGE & RECREATION I USR 18-0064 TRUCK PARKING USR-852 S 1 USR13-0048 }OUTDOOR STORAGE, PARKING ce V h USR 19-0012 MINERAL RESOURCE DEV FAC. • WCR54.5 USR23-0021 CBEP 30 LLC USR1478 CONCRETE BU SIN ESS USR 18-0129 //• OIL & GAS SUPPORT,SERVICEFAC. f ry 1 r-rr; f. CU SR 19-0008 >12INCH HIGH PRESSURE NAT GAS SUP -457 DAIRY 530 Exhibit L to Hearing Statement Page 7of19 U SR 19=0048 SECOND SINGLE FAMILY DWELLING '�l USR-517 I I AG CHEMICAL -SUPPLY BUS' USR 18 0056 '12 INCH HIGH PRESSURE NAT GAS USR11 0024- iP NON -1041 MAJOR FAC 10" PIPE S MICR 54.5 SUP -139,j TURKEY FARM 100,000 I Il 1rl WELD COUNTY, CO • p um at mow • 1. r� USR 1478 CONCRETE BUSINESS U SR 18-0129 OIL & GAS SUPPORT SERVICE FAC: USR 19.0008 >12 INCH HIGH PRESSURE NAT GAS USR-1274 VEHICLE STORAGE. REC. Exhibit L to Hearing Statement Page 8 of 19 1 54 vest USR15-0063 MINERAL RES DEV FAC. --'l MUSR13.0002 " OIL AND GAS SUPPORT FACILITY iKER SEY 1 USR 19-0048 _ SECOND SINGLE FAMILY DWELLING' d • • • 1, .,\ '1 I •'. 5,4 `. USR 18-0056 X12 INCH HIGH PRESSURE NAT GAS USR11-0024 NON 1041 MAJOR,FAC. 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Exhibit L to Hearing Statement Page 17 of 19 xoTNAr.INplrlpJ '�� xS101[ AS<UNmIKATO4 Rllin0N0rx,RWIRIFMS [¢\ INw1MCS611rM[p WRM \ Nt[N[ATUNU mm ST.NCADrA vrov lcuvtuAr mxnwtcrlonlnxl[x Pxav lv.mnvucf m��[ryAlx[x'1�J�1,o�' 6 SY]ALE CA(flflAO pry ..W' r DD PFN[E xr, IEUI1 12IIj(IJtI�II1I 60, 0. R(IM II 'I I l r 1N 1111 'WAN= F`�- • a -L • _ J �II Fmv ro.rnoF �mvrtw INJULONvlRION OlJrl1J- — WELD COUNrriY =wags I (i _ `FVI [Fwmx[Oags �Q(NWIc40 [i unmt¢mr7 — nu ULrlNL1 � J 160NULrx,,,M1lYtYl3 ELLCLPC WE �^ }II. ONxw K]n! 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RAC USR 19=0048 SECOND SINGLE FAMILY DWELLING USR-517 AG CHEMICAL -SUPPLY BUS t USR 18 0056 12 INCH HIGH PRESSURE NAT GAS U SR11-0024 NON -1041 MA'.JOR FAC. >10" PIPE • WCR54.5 ass SUP -139 TURKEY FARM 100,000'. Exhibit L to Heanng Sta1te9 of nt Page me19 End of USR23-0021 Donald M. Ostrander Richard F. Rodriguez Austin Hamre Steven Louis -Prescott Emily N. Ostrander HAMRE, RODRIGUEZ, OSTRANDER & PRESCOTT, P.C. Attorneys and Counselors at Law 188 Inverness Drive West, Suite 430 Englewood, Colorado 80112-5204 Telephone: (303) 779-0200 Telefax: (303) 779-3662 mail@hroplaw.com www.hroplaw.com Special Counsel Teri L. Petitt, LLC Stephanie M. Ceccato, LLC Spector Law, LLC Rubinstein Law, LLC Joshua R. Kruger, Ltd. Alyson Scott Law, LLC Weld County Board of County Commissioners Hearing Statement USR23-0023 By: Gary and Susan Alles (Concerned Neighbors) Presented by: Steven Louis -Prescott Our firm represents Mr. Gary and Ms. Susan Alles, the owners of the property ("Alles Property") immediately adjacent on the north side of the proposed solar farm ("Solar Farm" or "Project") on the Brown property. See attached Map showing the proximity of the Alles' home to the Solar Farm. Exhibit A. The distance from the Alle's home to the proposed solar farm, after accounting for the Applicant Cloudbreak's proposed 120' setback from the property line. is approximately 300 feet, well below the presumptive 500 -foot setback found in the Weld County Code. As the Alles represented to the Planning Commission, the Alles are not opposed to solar farms generally and their intent in voicing their concerns with respect to the Cloudbreak project is to ensure their residence is reasonably protected from nuisances associated with the Project and that the Commission enforces the restrictions in the 2021 zoning code amendments that were designed to protect neighboring Weld County property owners from the impacts of living next to a solar farm. As this Project is designed, the Alles do not feel that it adheres to the requirements in the Code, specifically the requirements to ensure that such uses are subject to an adequate setback from homes, are compatible with existing uses, and consider and protect prime farmland. The Alles Property, like the Brown property and surrounding properties, have been farmed for decades. Preserving this property is preserving the integrity of Weld County. However, Cloudbreak's Project, along with other Cloudbreak projects nearby. threatens this integrity by removing farmland and replacing it with an industrial use. Setback Cloudbreak proposes a 120' setback from the property line of the Brown property, which is about 300 feet from the Alles' home where Gary Alles has lived for over 82 years. Cloudbreak also proposes to install landscaping (a fence and trees) in an attempt to bring the Project within compliance with the Weld County Code. According to the Plain Language of Section 23-4-1030(c)(3), there is a presumptive setback for solar farms that is 500 feet from existing residences. See Exhibit B, Weld County Code provision. The plain language of this section reads "Development Standards for Setbacks (c) The improved area of the Solar Energy Facility shall conform to the setback requirements of the underlying zone Additionally, the improved area must be at least five hundred 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 Based on this plain language, Cloudbreak's plan is required to include a setback of 500 feet from the existing Alles residence This presumed setback can only be modified in the County's judgment upon a signed waiver from the neighboring property owner or a landscaping design approved by the County Notably, the Code uses the term "may", meaning there is no automatic reduction in the presumptive setback merely because an applicant proposes landscaping, as Cloudbreak has here In discussions with Cloudbreak, the Alles stated they would agree to a 20% reduction in the presumptive setback resulting in a 248' setback from the property line and 398 feet from the Alles house, provided Cloudbreak maintains the proposed landscaping At the Planning Commission Hearing, this proposal was presented as an alternative to Cloudbreak's proposal for a 120' setback from the Brown property line However, upon questioning from the Planning Commission, we were shocked to hear the County Planner and Assistant County Attorney state that the presumptive setback of 500 feet only applies to existing residential homes in platted subdivisions or planned unit developments, meaning homes outside of subdivisions and PUDs, such as the Alles' home, had no setback protections under the code except the standard 20 -foot setback found in the Agricultural zone district After weeks of corresponding with the County and Cloudbreak, this was the first time the Alles heard a 500' setback did not apply to their home Based on this new position from, the County Planner and Assistant County Attorney, the Planning Commission felt compelled to recommend approval of the Project The new position raised at the Planning Commission Hearing is contrary to the plain language of the code provision, contrary to how Weld County has described this code section and setback requirement on its own website, contrary to the public's interpretation and understanding of the setback requirement, contrary to how the planning department has discussed the setback requirement in other solar farm use by special review application comments and resolutions, and contrary to how Cloudbreak itself has interpreted the setback requirement As a result, the Planning Commission applied an erroneous interpretation of the Code when it recommended approval of the Project over the Alles objection and proposed alternative, and the Alles hope the County Commission does not repeat the error Plain Language As stated above, the plain language of the section is clear that the 500 -foot setback requirement applies to all existing homes 2 When interpreting statutes, a court will assume that the drafters intended to give each word or phrase meaning, and a court must not interpret statutes in a manner that renders words or phrases superfluous Colo Stormwater Council v Water Quality Control Div of, 529 P 3d 134, (Colo App 2023) In interpreting a statute, the court will avoid any interpretation that leads to an absurd result State v Nieto, 993 P 2d 493, 505 (Colo 2000) With this framework in mind, if one were to interpret the phrase, "Additionally, the improved area must beat least five hundred feet from existing residential buildings and residential lots of a platted subdivision or planned unit development" to mean that the 500 foot setback applies only to existing residential buildings in platted subdivisions or planned unit developments as the planning department suggested, the phrase "existing residential buildings" would be rendered superfluous and of no meaning This is because "existing residential buildings" would already be subsumed and included in the phrase "lots of a platted subdivisions or planned unit development" because such existing residential buildings would of course be on lots in such subdivisions or PUDs Thus, the planning department's interpretation renders words superfluous and the Code cannot be interpreted that way Moreover, this interpretation would lead to absurd results because it would mean that Weld County only cares to protect homeowners in subdivisions and PUDs from nuisances caused by solar farms, but gives no protection from such nuisances or care to homeowners who happen to live on an agricultural property Thus, Weld County chose to allow those homeowners outside subdivisions and on farms to be subject to substantially more impacts and nuisance from solar farms Surely Weld County would not take such a position Weld County's Own Interpretations The Code should be interpreted, as intended, to afford a 500 foot setback from all existing residences, regardless of whether such residence is in a subdivision/PUD or not, and from all lots in platted subdivisions or PUDs (i e where future residences will exist) On Weld County's own website, the County describes the purpose of the Chapter 23 solar regulations See Exhibit C, Weld County Webpage on Solar Regulations The County States Changes outlined in Chapter 23 also help further the goals of the county's comprehensive plan in that facilities must be compatible with future development and developers need to explain how prime agricultural land, neighbors and the county as a whole will be protected if a facility is located in the agricultural zone. All solar facilities must adhere to a setback requirement of 500 -feet from an existing residential building and planned development areas. The overall definition of a solar energy facility does not include roof and/or ground mounted solar systems located on homes or other structures Emphasis Added The County specifically interpreted the code on its own website and publicized its intent to the public, stating that in an effort to protect all neighbors from a facility located in an agricultural zone, all solar facilities must adhere to a setback requirement of 500 feet from an existing residential building The County does not say anything about this setback requirement applying only if such existing residential building is in a platted subdivision or PUD This is likely because 3 such an interpretation would be contrary to the County's stated purpose in ,the Chapter 23 amendments to protect all neighbors in the agricultural zone The goal is to protect all neighbors of solar energy facilities in Weld County Notably, the County's publication of the changes to the Code to allow solar development also does not include landscaping as a one for one alternative to the setback The setback is stated to be 500 feet, period The Alles recognize the Code contemplates a reduction of the setback when a landscaping plan is approved, but that reduction is not automatic as Cloudbreak appears to presume Public Interpretations of the Code Similarly, the Greeley Tribune interpreted the setback requirement the same way as the Alles, and apparently the same way as the County In a 2021 Greeley Tribune Article by Jadyn Watson -Fisher, titled "Weld County approves `common sense, solar regulations" the author discusses mid -size solar projects in agricultural zones, exactly like the one Cloudbreak is building on the property bordering the Alles to the South See Exhibit D, Greeley Tribune Article Mid -sized solar projects must be reviewed under the use by special review process As stated in the article "According to county code section 23-2-200, uses by special review are those that are considered 'more intense or to have a potentially greater impact' than uses allowed by right in a zone Solar projects must meet the setback requirements of the zone in which they are placed, according to documents from the planning department They are also required to be at least 500 feet from existing residential buildings and plots planned for development " Again, the Greeley Tribune interprets the code to apply to all residential buildings, not just those in platted subdivisions or PUDs Planning Department's Own Interpretation Additionally, in prior reviews of other Solar Energy Facility applications, the Planning Department itself has interpreted the setback requirement to apply to all existing residential buildings regardless of the existence of a platted subdivision or PUD During the review of USR applications the planning department notes whether the proposed solar facilities are within 500 feet of existing residential homes Upon the Alles review of the records of such solar farm applications, it is clear the planning department and the Board of County Commissioners have applied the setback to all existing residential buildings, not just those in platted subdivisions and PUDs For example, in USR22-0027, an application filed by Cloudbreak, Mr Kim Ogle presented the case on behalf of Weld County Planning The minutes state that the proposed facility is within 500 feet of 14 parcels, with 6 homes, with the solar facility located within five hundred feet of 4 homes See Exhibit E, USR22-0027 Planning Commission minutes The Planning Staff's comments on USR22-0027 demonstrate the Planning Staff interpreted the 500 -foot presumptive setback to apply to all existing residences See Exhibit F, USR22-0027 Planning Staff Application Comments The homes within 500 feet were not in platted subdivisions or PUDs See Exhibit G, USR22-0027 4 zoning map of USR22-0027 Similarly, the Board of County Commissions did not consider whether the homes were in platted subdivisions of PUDs See Exhibit H, USR 22-0027 BOCC Resolution Clearly, the 500 -foot presumptive setback has been applied to all homes by planning and the BOCC in similar applications Similarly, in the Planning Commission's review of Cloudbreak's USR23-0005 application, in which it recommended denial, the Planning staff similarly considered the application's compliance with the 500 foot setback, even though the adjacent homes within 500 feet were not in subdivisions or PUDs In the Planning Commission's resolution recommending denial of USR23-0005, the Planning Commission assessed the application's compliance with the 500 -foot setback "The uses which will be permitted will not be compatible with the existing surrounding land uses the solar facility footprint is located within five hundred feet of nine (9) homes, specifically north and east of the SEF footprint Six (6) surrounding property owners testified at the hearing that they were opposed to this project Several impacts outside of generally recognized farming practices including the humming noise from the inverters, impacts on site drainage patterns and conveyance of irrigation water, impacts on farm culture including the potential for environmental degradation due to leaching of aluminum, lead and cadmium from the solar panels and most importantly not addressing the impacts to area wildlife " While recommending denial, the Planning Commission went on to say that should the BOCC approve the application over their denial, the BOCC should require as a condition of approval for the applicant to "submit to the Department of Planning Services any screening waivers from residents within five hundred (500) feet If waivers are not obtained opaque screening is required per the accepted Department of Planning Services Landscape and Screening Plan " See Exhibit I, USR23-0005 Planning Commission Resolution Recommending denial Again, the Planning Commission referenced the 500 -foot setback requirement by identifying the homes within that setback and screening requirements to reduce the presumptive setback, but did not limit it to existing residences in Subdivisions or PUDs The BOCC agreed with the recommendation from the Planning Commission and denied the application stating "the proposed use IS NOT consistent with the intent of the A (Agricultural) Zone District, the uses which are proposed are NOT compatible with the existing surrounding land uses, as the uses surrounding the proposed site are residential and agricultural the applicant has NOT demonstrated a diligent effort to conserve prime agricultural land in the locational decision of the proposed use Because this land has historically been irrigated with rented/leased water, and is currently being used for agriculture, the applicant would be taking agricultural land out of production " See Exhibit J, USR23-0005 BOCC Resolution Denying Application Many of the BOCC's findings in that case are applicable here as well Similarly, in the application materials submitted by the applicant in the aforementioned USR application, the applicant discussed the proximity to homes and whether it was proposing landscaping The applicant never mentioned whether or not the homes were in subdivisions/PUDs Again, based on a review of Weld County's Mapping, these nine homes within 500 feet of the proposed solar farm were not in a subdivision or PUD Exhibit K, map of USR23-0005 Despite this, the Planning Commission still discussed the setback requirement As such, the Planning staff's position at the September 5, 2023 Planning Commission Hearing was indeed a new interpretation of the setback requirement It has not, just as the BOCC has not, historically applied the presumptive setback only to existing residential buildings in platted subdivisions or PUDs 5 Limited landscaping is insufficient to support a 40% reduction in the presumptive setback The presumptive 500' setback from existing homes exists for a reason Weld County is a farming community Solar farms are industrial/commercial uses Installation of such a use changes the fabric of the property and the area The setback ensures such a change of use is sufficiently far away from farming homes in order to reduce the impacts associated with the change of use, including nuisances such as visual impacts Landscaping, as proposed by Cloudbreak, would meaningfully modify the existing landscape by replacing agriculture with trees and fencing and solar panels rising above them a mere 300' from the Alles home This is not a fair substitute to setting the solar farm back an additional 200' Furthermore, while the Alles' appreciates Cloudbreak's proposal to provide a shortened setback and landscaping, it is not clear that this adheres to the Code and Weld County's interpretation thereof As discussed, Weld County's public announcement did not indicate landscaping could be a wholesale substitute for the setback Further, the Code language itself establishes the setback to be 500' from the "improved area" which may actually be within the 120' Cloudbreak proposes to install the solar farm from the property line It is unclear what will be in that area aside from the trees and fence included in the landscaping plan, but it does appear clear that it will not be agriculture Cloudbreak states that its Project will not be economic if it is setback any further than it proposes, meaning it intentionally designed this Project to ignore the 500' presumptive setback from the Alles home, banking on approval once some trees to be planted and a fence was installed despite a 40% reduction in the Code designated setback These solar farms should be planned pursuant to the Code, not with the expectation the County will approve some much smaller setback because they agree to put up a fence and plant trees in exchange for replacing a farm with an commercial/industrial use To the extent Cloudbreak's Project is infeasible if it has to agree to a reasonable setback, this is a problem of Cloudbreak's own making The Alles should not be unreasonably impacted by their neighbor's commercial/industrial use because Cloudbreak failed to select a property that would work within the bounds of the code The Brown property is quite large, yet the Project was designed to burden the Alles' home rather than the Brown's home despite only the Brown's receiving an economic benefit from the use Cloudbreak can shift this project closer to the Brown residence to accommodate the presumptive setback while still remaining more than 500' from the Brown's home The Planning Commission recommended denial of USR23-0005 for many reasons that are also applicable here, including lack of compatibility, failure to demonstrate a diligent effort to conserve prime agricultural farmland, and concerns from local ditch companies See Exhibit H. Compatibility As stated above, USR23-0005 (a different solar farm) was recommended for denial by the planning commission because the proposal was not compatible with the surrounding land uses See Exhibit L The planning commission stated "the property is within five hundred (500) feet of fourteen (14) parcels with the solar facility footprint located within five hundred feet of nine (9) homes, specifically north and east of the project Several impacts outside of generally recognized farming practices including the humming noise from the inverters, impacts on site drainage patterns and conveyance of irrigation water, impacts on farm culture including the potential environmental 6 degradation due to leaching of aluminum, lead and cadmium from the solar panels " The BOCC agreed with the recommendation and stated "the proposed use IS NOT consistent with the intent of the A (Agricultural) Zone District, the uses which are proposed are NOT compatible with the existing surrounding land uses, as the uses surrounding the proposed site are residential and agricultural " Exhibit J. Similarly, here, the property upon which the Project is proposed has historically been utilized as productive farmland for at least the last 80 years and has been irrigated and productive until the solar lease proposal from Cloudbreak The Weld County Code 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 " This property should be protected and utilized as farmland, not a solar farm, especially where this property has high priority water rights Moreover, the same environmental concerns associated with leaching of contaminants exist with respect to this project, as was identified by the Planning Commission Resolution of USR23-0005 These concerns are exacerbated because the Brown Property drains towards the Alles Property and into the Union Ditch, which then flows and drains into neighboring properties It would be arbitrary for the BOCC to take a contrary position with respect to this Project than it did with respect to this compatibility criterion for the property in USR23-0005 Additionally, the entire area has historically served as important farmland This community has always been agricultural, which Cloudbreak is aggressively seeking to change Cloudbreak is concurrently seeking to install another solar facility immediately east of this Project and immediately southeast of the Alles Property (USR23-0021) See Exhibit L Cloudbreak Proposal on Another Alles Adjacent Property Page 18 of 19 in the application packet attached as Exhibit L shows the proposed Cloudbreak project and the Alles home immediately northwest thereof As a result, the Alles Property is slowly being surrounded by this industrial use and losing the fabric of the community m the agricultural zone To the extent both of these projects are approved, the Alles will have solar farms on both of the properties making up the entire southern border of the Alles properties (the Alles also own the land east of their home and immediately north of the USR23-0021 project) At this rate, the Alles may well soon be surrounded by Solar Farms Without the presumptive setback they will be left only with solar panels and fences for views instead of farmland Adding another solar facility right next to the Alles home furthers the imbalance in the immediate area, exacerbating the incompatibility of this particular project in this particular location As with USR23-0005, this proposed use is "NOT compatible with the existing surrounding land uses, as the uses surrounding the proposed site are residential and agricultural " See Exhibit L This proposal seeks to invade this agricultural area with a second solar farm bordering the Alles property USR23-0023 should be denied on this basis Weed Management Weed management is another critical aspect that needs to be addressed in the proposed solar farm project If not properly managed, the areas around the solar panels can become breeding grounds for invasive plant species, which can spread to nearby properties and adversely affect the local 7 ecosystem Adequate measures must be implemented to prevent the proliferation of weeds and to ensure effective weed control throughout the operation of the solar farm In response to Question 9 in the Planning Questionnaire CloudBreak states "there will be no animals on site " However, this statement is contradicted in the FAQs submitted by Cloudbreak where CloudBreak states "we will be using sheep grazing " to keep the vegetation at a heigh of no more than 18-22 inches Any use of sheep or other livestock is strongly opposed While sheep may eat species of invasive weeds, they also spread the plant around Given the proximity to the Alles' agriculture operation, use of sheep would have a severe negative impact and damage his crops In conversations with Cloudbreak, Cloudbreak has stated it will agree not to use sheep — this, along with an increased setback, needs to be a condition of approval if approval is granted Noise There are legitimate concerns about the potential noise issues that may arise from the operation of the Solar Farm, and the information CloudBreak has provided about this nuisance is imprecise As acknowledged in the notice documentation, structures within "a few hundred feet" will be impacted with the constant "humming" sounds emitted from the Solar Farm as panels shift A constant noise such as this is inconsistent with what one would expect to be emanating from a farm CloudBreak also recognizes that the Alles home is less than 300 feet from the northern side of the Project's proposed fence line, and thus the Alles will be impacted by increased noise This is another reason the Alles' request a greater setback than that pioposed by Cloudbreak The proposed landscaping is not protective of noise Again, the Alles Property will face the brunt of the impact of this Project, while the Brown residence is sited much further away from the Project site A greater setback from the Alles residence will ensure compliance with Code and protect against some of these concerns and future disputes Protection of Prime Farmland The applicant has not demonstrated a diligent effort to conserve prime agricultural land in the locational decision for this solar farm use As stated above, both the BOCC and Planning Commission based denial of USR23-0005 partially on the proposal having the effect of taking productive farmland out of production In that case, the BOCC stated, "the applicant has NOT demonstrated that the request in conformance with Section 23-2-230 B of the Weld County Code as follows Section 23-2-230 B 6 — the applicant has NOT demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use Because this land has historically been irrigated with rented/leased water, and is currently being used for agriculture, the applicant would be taking agricultural land of production " Exhibit J. Similarly, the Planning Commission stated that while the land in USR23-0005 was not Prime Agricultural land under the NRCS Map, the Planning Commission "felt that this project is taking the agricultural farmland out of production, when historically the farmer has irrigated with water from the For Far Latei al " Exhibit L As with the property in USR23-0005, the Brown property on which this proposal is on is important farmland It has been continuously irrigated and productive farmland for at least the last 95 years This year is the first year the Browns did not plant their land in anticipation of this solar lease The Brown property has excellent water rights The Project seeks to take agricultural land of statewide importance out of production and the applicant has not demonstrated a diligent effort to conserve 8 agricultural land in the locational decision for the proposed use, especially given that this applicant has another solar farm project just east of this proposed location It would be arbitrary for the BOCC to take a contrary position with respect to this Project than it did with respect to this criteria for the property in USR23-0005 Union Ditch Crossing As raised at the Planning Commission hearing, in order to access the Brown property at the access point required by County Planning, Cloudbreak will need to cross the Union Ditch As it stands today, there is no agreement in place or negotiated for this solar use to cross the Union Ditch This is known to be true because Gary Alles is on the Board for the Union Ditch The lack of agreement is relevant to this project's approval and for the BOCC's consideration at this juncture Because this project does not have the necessary permissions to proceed, the project should be denied at this time Conclusion To the extent the BOCC does not deny this project, the Alles' ask is simple and reasonable They are not asking for the full 500' setback from their home They are seeking a compromise, recognizing that Cloudbreak is proposing landscaping The proposed setback is less than '300 from their home The Alles ask that it be extended an extra 100', so that the Project just under 400' from their home behind a fence and landscaping The Alles believe this will minimize nuisances, particularly noise and visual impacts, allow for greater protection from excess drainage cause by the change of land use, and marginally reduce the effects of changing the community fabric Thank you 9 About Me Zach Brammer • From Sterling, CO • Family has been in Colorado since at least 1861 O Mom's family were pioneers in Denver and Sedalia O Dad's family were pioneers in Stoneham and Niwot, then quickly found their way to Sterling. • Went to Sterling High School, NJC, and CU Boulder • Started my career at Wunder Capital, a solar financing company, where I spent years lending money to projects just like this one • In January of 2020, I left the finance industry to move home to Sterling and start Cloudbreak Energy Partners. • I have never lived more than a 2 -hour drive away from these project locations, and I have no plans to change that. I am typically in Colorado at least 50 weeks per year, and all the neighbors will have my personal cell phone number if issues arise. CLOUDBREAK • • emu==, -�-- .,� _ anascilrliatcalleSsais it - � - ". tr� ••ti_-,. _r p rte, - - .1— etzt • .8 I CLOUDBREAK® Who We Are • Our team is made of farmers, ranchers, native Coloradans, and experienced solar professionals. • Offices in Sterling and Boulder. • More than 80% of our projects are located in Colorado. • Projects range from 5 acres to 2,000 acres. • Have projects in process with Xcel, Black Hills Energy, Puget Sound Energy, and the City of Ames (Iowa) • 25+ years of combined renewable energy development, project finance, and management experience. Key Achievements • The projects in Colorado that we are working on right now would generate enough electricity to power about 120,000 Colorado homes. According to the Census, there are 111,222 households in Weld county. • We recently planted the largest pollinator habitat in the Rocky Mountain West in partnership with the Audubon Society. ACLOUDBREAK® X � XceIEnergy® What is a Community Solar Garden? • Community Solar Gardens are centrally -located solar projects that allow Xcel Energy customers to receive credit on their electricity bill for the power that has been produced from the solar array by subscribing to the system through Xcel's Solar*Rewards Community Program. BENEFIT'S_ • Allows residents to receive the benefits of solar without having to build a system on their roof or pay any upfront costs. • Increase the resiliency of the local energy grid. • Delivers cheaper electricity for local residents who subscribe to the system. Direct Community Benefits CLOUDBREAK As a local Colorado company, it is very important to us that the projects provide significant and direct benefits to the community. Each of our projects will: LOCAL IMPACT: Utilize a local construction team that will generate significant activity for local businesses during the construction of the systems. Use a local shepherd for land maintenance. Improve local pollinator habitat and diversity by including a pollinator -friendly seed mixture on the properties. SCHOLARSHIPS: Provide one scholarship per Project to a local student that is interested in pursuing a career in renewable energy. TAX INCOME Generate significant property tax revenue for the county. Generate additional sales tax revenue during the construction of the systems. CHEAPER ELECTRICITY: Save local Xcel Energy customers about 10% on their electricity bills through Xcel's Solar*Rewards Community Program. Our goal is to subscribe as many local Xcel customers as we can. Basic Project Information CLOUDBREAK • 3-4 month construction timelines, all starting in late 2024 and into early 2025. • 20-35 year project lifetime. • No permanent lighting will be used on any of the projects. • The systems will produce no emissions or odors. • The panels are recyclable. • The projects will be decommissioned according to Weld County guidelines, and each of them will have a decommissioning bond in place to ensure there is always sufficient funding. • The projects, through module design and stow -angles, will not cast glare onto any of the neighboring homes • The projects will generate limited traffic after the 3-4 month construction period, with our land maintenance team visiting the properties on an as -needed basis. Our solar maintenance team will only visit the properties 4-8 times per year. Traffic and Road CLOU DBREAK • Construction Traffic: During construction, the traffic will include about 10-15 pickups and 1-2 heavy vehicles per day. • Operations Traffic: Once the system is built, our solar maintenance team will only stop by about 2 to 4 times per year for system maintenance. Our shepherd and land maintenance team will stop by more frequently on an as -needed basis, but the project will not generate consistent or significant traffic. • Road Upgrades: Where necessary, we will be upgrading the field roads that connect the project to the County Roads. We will install new culverts across any ditch that we need to cross to ensure the infrastructure can handle the weight of our equipment. • Road Maintenance Agreement: We will be signing Road Maintenance Agreements with Weld County, which makes us financially responsible for our proportional share of the associated costs for maintaining and/or improving designated public haul/travel routes during the construction of the projects. CLOUDBREAK &cs Location Analysis HOW DID WE CHOOSE THESE LOCATIONS? • • • • • • • it Proximity to high -quality Xcel Energy distribution infrastructure that has the capacity for projects of these sizes Proximity to Xcel Energy's substations Outside of floodplains and wetlands Relatively flat No geotechnical constraints Landowner enthusiasm Economics of the land Avoids critical habitats with minimal to no impact on surrounding wildlife Limited disturbance to nearby properties and property owners through vegetative screening CLOUDBREAK CLOUDBREAK® Sheep Grazing • The sheep are expected to be grazing on each property a few times per year to maintain the vegetation at a height of 18-22 inches or less. Leaving grass pastures untitled offers the advantage of allowing the soil to replenish nutrients naturally. This fosters biodiversity and promotes the growth of native plants, thus promoting soil health. ttS.. CLOUDBREAK° Sheep Grazing • Sheep grazing will be implemented across some of our projects to keep the property agriculturally productive during the life of the solar project. • The sheep are typically fed feed grown in Weld County during the winter. Over $100,000 of feed is expected to be purchased from Weld County producers each year for the herd. • The seed for the pasture will be purchased from Pawnee Buttes Seed in Greeley. • The sheep will be processed at Innovative Foods in Evans. Union Colony Community Solar Project • Proposal: Approximately 20 -acre Community Solar Garden • The property is owned by the Brown Family. CLOUDBREAK • Timeline: The project will begin construction in the fall of 2024. • Electricity Production: Will produce the equivalent of the annual electricity consumption of about 1,200 homes. • Agricultural Production: Will establish a native, pollinator -friendly, dryland pasture underneath the solar array, which will help restore soil health and improve local pollinator habitat. • The landowner will continue to use this water to irrigate and farm their remaining land. Leasing a portion of the land for solar will provide the Browns with significant and stable income for decades to „ , , come that will support his other agricultural operations. CLOUDBREAK® Letter from Landowners September 4, 2023 To whom it may concern: We are submitting a written letter for the commission and leaders reviewing the proposal being presented for solar power opportunities within our property lines located on County Road 54. We were presented with this opportunity by Cloudbreak Energy to convert a portion of our land to solar panels. Our farm section was once a means to support our family. For many years now we have been leasing our farm ground to be worked as our lives have changed. When Cloudbreak approached us about this project we felt it best to accept their proposal and allow the lease of a portion of our section to be placed into solar panels. This will allow us to balance off the decrease in income from renting out our land but keep a large portion to still be farmed. The residual return from the Solar lease provides us with more consistent income each year. We also understand the positive things that renewable energy can provide. Cloudbreak Energy has been supportive, informative and has helped us understand each step along the way. We feel fortunate that we did go with them as we were approached by other companies prior to our agreement. We want to thank you for your consideration for this project and all the next steps. Regards, Thomas D Brown + z ? ) 4/ yt� rrLwc Marjorie Brown fQ2c000dupieho_tunj Project Location CLOUDBREAK Project Location R:CLOUDBREAK© Site Plan s a i^ a ictt . PPP Ufl lGt �I a a L COHI OWED PPE EL WAX YAWL tx rtwa ILNE DISTANCE r1OM nopearr CI DIE TO PUKE 211 PROPERTY STINIOE (TETI PAE cassra A43 ord PEHZ (TYP;( tX-Ov. u ICIR_ r W TRAP'EENCIAL GARBS SMMtE SUO I t DGE Or a COSIO LTE w'a I tXc. rcD E3AIIThs.44 3 It DISTARXE TROIA PROM Plrf Wit To run 7,41.1'✓dA I Ar 11r l:c Pz DITAINPKIE. 5 1luCnrRE IX WUS CTA'WHAT (31, EL 2.* DWMUGALTOPPE Ed. 5P.JPJLP PIPELINE d11h'rad LLSi T1n'.n � I IBS 05), Paali Eft unir'PrAtp.m) : a a a - a a WELD COUNTY ROAD 47 SEE Win 1 PREW_ PtRXINM121GATE MDR g.'Wt3i LiJ ACCIS Hallo ei PIMP IMMINENT I PAO Iraq 1rfPAM Ltali? SP ma infr.I t7L S1h'RL[ �d t,._n1Ln PRUNE ftPF1 DX LDCAS11Ct. I PPCP. 4If L&3WEPT —es's` EX. 111N1r1 cvf1C in f APPRIXII LOCATION CP PROP. PPifrrl! 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CLOUDBREAK° Noise Analysis 55 dB - Weld County Maximum Number of Decibels Permitted from 7AM until 9PM of the Same Day Project Screening Wooden Fence Vegetative Screening1 CLOUDBREAK Wooden Fence & Vegetative Screening Project Screening CLOUDBREAK Two Rows of Rocky Mountain Junipers Glare CLOUDBREAK • Glare: The panels are treated with an anti -reflective coating and reflect as little as two percent of incoming sunlight o This is less than both water and windows. • Solution: To remove the risk of glare to neighboring properties, we can stow the panels at a 5 -degree angle rather than at 0 -degrees. The resting angle of a tracking system at the end of the backtracking range, can have a large impact on glare produced near sunrise and sunset. When the sun is low on the horizon, an angle (even a slight angle) is needed to reflect light in a more upward trajectory, minimizing the light reflected to observers. Electromagnetic Interference According to the U.S. Department of the Navy: CLOUDBREAK "The only component of a PV array that may be capable of emitting EMI is the inverter. Inverters, however, produce extremely low frequency EMI similar to electrical appliances and at a distance of 150 feet from the inverters the EM field is at or below background levels." All residences are located further than 150 feet away from the inverters. Property Values CLOU DBREAK Studies from Lawrence Berkeley National Laboratory and the University of Texas at Austin, the University of Rhode Island, Dr. Nino Abashidze at the School of Economics at Georgia Institute of Technology, the Chisago County (Minnesota) Assessor's Office, CohnReznick, LLP, Kirkland Appraisals, LLC, Christian P. Kaila & Associates, and the Chair of the American Society of Farm Managers and Rural Appraisers have shown that solar projects do not adversely impact neighboring property values. The study from Lawrence Berkeley National Laboratory and the University of Texas at Austin found the following: "The researchers, in partnership with Lawrence Berkeley National Laboratory, surveyed approximately 400 property value assessors nationwide, asking if the assessor believed there was an impact on home prices near these sites, the scale and direction of those impacts, and the source of those impacts. The results indicate that most assessors who responded to the survey believe that "proximity to a solar installation has either no impact or a positive impact on home values." The study found that the respondents believe that some features of solar facilities may be associated with positive impacts, such as a location on land that previously had an unappealing use, or the presence of trees or other visual barriers around the array. Furthermore, as the expected lifetime of a solar facility is at least thirty years, residents have assurance the nearby land will not be redeveloped for an unfavorable use." (emphasis added) Property Values (continued) CLOU DBREAK A recent study from Lawrence Berkeley National Laboratory studied solar projects in six states (CA, CT, MA, MN, NC, NJ), and found that, on average, property values decrease by 1.5% compared to homes 2-4 mi away. Statistically significant effects were not measurable over 1 mile. This study, which showed a 1.5% impact to nearby property values, has been criticized since its release earlier this year because: 1. There was a lack of statistically significant effects when comparing properties right next to solar projects to properties within 1 mile of the project, leading many to believe that the solar projects are not sufficient to explain the differences in property values. If there was no significant difference between properties right next to a solar project and properties 1 mile away from a solar project, how can that difference in value be attributable to the solar project instead of other market factors? 2. According to the American Clean Power Association, "There is nothing revelatory in this study —the results are not definitive and only cover a narrow data set. The report, which found no evidence of adverse impacts on property values in half the states studied, is largely consistent with many prior studies finding that solar projects don't adversely affect property values. Appraisal data from across the country also show similar conclusions." 3. The study was not able to explain the "why" of the 1.5% difference, whereas other studies by the same organization (Lawrence Berkeley National Laboratory), which dug into why property values may decrease near solar projects found that vegetative screening and assurance to nearby residents that nearby land won't be developed as a more unfavorable use would mitigate the risk of decreasing property values. 4. In Chisago County, Minnesota, which has more solar projects than any other county in the state, officials have been monitoring real-estate transactions to try to detect any changes in resale prices as a result of solar development. They haven't found any negative effects, either in 2017 after the construction of the state's largest solar array, or as recently as December, according to the county assessor's office. This is not consistent with the study's findings in the state of Minnesota. Extreme Weather Events Hail Dama g e: CLOU DBREAK • Solar panels are designed to meet IEC 61215 and IEC 61646 standards, both of which test a panel's resistance to lab -produced, 25 mm hail. • The projects will be closely monitored to ensure it is producing the amount of electricity that it is projected to produce, so damage will be instantly noticed. In the case of a very severe storm, our team will check on the system within 24 hours or less to ensure everything is okay. In our team's experience, hail damage is rare. • Our phone number will also be posted on the projects' gates so the neighbors can call in case they have concerns after a storm. Extreme Weather Events CLOU DBREAK Wind Damage: • The racking we are planning to use (Array Technologies DuraTrack) has been tested to withstand 140 mph winds, and potentially higher depending on other project conditions. • The projects will be closely monitored to ensure it is producing the amount of electricity that it is projected to produce, so damage will be instantly noticed. In the case of a very severe storm, our team will check on the system within 24 hours or less to ensure everything is okay. In our team's experience, wind damage is rare. • Our phone number will also be posted on the projects' gates so the neighbors can call in case they have concerns after a storm. Environmental Concerns No other elements were found in the TCLP test. LEAD: According to the Toxic Characteristic Leaching Procedure (TCLP) test from September 2022 commissioned by ZNSHINE, the manufacturer of the panels that we are planning to use on this project, no lead was detected in the panels. CADMIUM: Cadmium is only contained in a special type of solar cell called thin-film. This project will not be utilizing thin-film solar panels. ARSENIC: According to the TCLP test, 1.0 mg/L of arsenic was found in the laminate, 1.4 mg/L was found in the frame, and 1.0 mg/L was found in the J -box. For arsenic to be considered toxic in Colorado according to the Code of Colorado Regulations Hazardous Materials and Waste Management Division, it must be present at a level greater than 5.0 mg/L. BARIUM: According to the TCLP test, 0.03 mg/L of barium was found in the frame of the panel. For barium to be considered toxic in Colorado according to the Code of Colorado Regulations Hazardous Materials and Waste Management Division, it must be present at a level greater than 100.0 mg/L. CLOUDBREAK MERCURY: According to the TCLP test, 0.08 mg/L of mercury was found in the J -box of the panel. For mercury to be considered toxic in Colorado according to the Code of Colorado Regulations Hazardous Materials and Waste Management Division, it must be present at a level greater than 0.2 mg/L. Fire Risk Mitigation Just like all electrical equipment, there is a risk of fire at a solar project. CLOUDBREAK One 2021 study by the Fraunhofer Institute for Solar Energy Systems found that, of the more than 2 million solar plants in Germany, only 0.006% of them caused a fire resulting in serious damage. • For context, according to the National Fire Protection Association, fire departments respond to an estimated average of 172,900 home structure fires per year started by cooking activities and there are 124,010,992 households in the US according to the Census. So, 0.14% of households in the US will experience a significant cooking fire each year. Should a ground fault be detected by the project's software, inverters will automatically shutdown and disconnect the DC module strings from the AC electric system. The inverters also do this when sensing any fluctuations out of limit within the electric grid the system is tied to. An automatic shutdown will be located within each inverter. Our team will also have remote capabilities to disconnect the system and shut down each electrical component in case of emergency. As a contingency, there are also manual disconnects as follows: • Inverters: each inverter will have a DC and AC disconnect switch • Inverters and Main Equipment Pad: each AC panelboard will have a break serving as a disconnect switch • Main equipment pad: The main system disconnect switch will be located within the switchgear • As a note, all of the equipment listed above is located in the same area of the project, right next to the access road, providing easy access to the local Fire Department in case of emergency. A Knox Padlock or a Knox Key Switch will be located on the gate of the access road to allow first responders to access the property in case of emergency. Akar _ a i- -3; .a.{ ..tee_ I. _ - a :ia_ _-- i ..' _ Otis -L saga •alb s L r9 t at A., 1 illkei . . r. 1-r4 felt .la}- 1 • _ w tr • a Y L r. y clot r • eir - ; ., �-1► r� - -; at 9 I1 Ir • t• 4r 14 h l ' I iI -1.-[ R Y4 cia-— asar- i •`' 441- r --WES - glikt a Terms of GNA Applicant: Cloudbreak Energy Partners ("CBEP") Objecting Landowners: Gary and Susan Alles ("Alles") County: Weld Application #. USR23-0023 Date: 10/4/2023 1. After negotiation over the protections afforded to Alles with respect to the installation of the solar farm project USR23 0023 by CBEP ("Project"), the parties have reached an agreement in principle with respect to the protections and terms to be applicable to the Project and incorporated into a Good Neighbor Agreement ("GNA") between the parties. Execution of the GNA shall be a Condition of Approval for this Project. The terms of the agreement in principle are as follows ("Terms"): a. Landscaping on the Project shall include a wooden fence and 2 rows of trees, shielding the Alles property from the Project. CBEP shall use commercially reasonable install fencing taller than 8 feet high. b. The Project shall he setback a minimum of 400 Feet from the Alles home. c. The Alles will support a reasonable crossing agreement with the Union Ditch Co. d. CBEP and its representatives, shall not, under any circumstances, use the access road that crosses the ditch next to the Alles home. e. CPEB Reps and Warrants: i Additional drainage infrastructure beyond the drainage plan, such as swales and level spreader are unnecessary according to third party analysis and Weld County, and the drainage plans without such additional infrastructure are sufficient to address all drainage concerns related to the installation of the Project ii. The County has approved the drainage plan submitted by CBEP f. CBEP shall indemnify, defend, hold harmless and make whole, the Alles and their successors and assigns, for any drainage issues resulting in any property damage that occurs arising from or attributable to the Project after construction begins on the Project. 2. The foregoing list of Terms are material terms for inclusion in the GNA, but not exhaustive, and the GNA shall include other standard terms as negotiated h) the parties in good faith. 3. The parties shall work together in good faith to negotiate a final GNA to be completed within two (2) weeks from the date hereof. 4. Hie parties understand these Terms are binding and enforceable. 5. CBEP's signatory below represents and warrants that CBEP possesses full authority to enter into these Terms on behalf of CBEP. MEMORANDUM TO: Board of County Commissioners DATE: December 6, 2023 FROM: Kim Ogle, Planning Services SUBJECT: USR23-0023 CBEP Solar 27, LLC On October 4, 2023, the Board held a hearing on the request of CBEP Solar 27 LLC for a Site Specific Development Plan and Use by Special Review Permit for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District. The Board took testimony and statements of those present and reviewed the request of the Thomas and Marjorie Brown. Based on discussion at this hearing the Board continued this case until today, December 6, 2023. to allow the applicants adequate time to get a Good Neighbor Agreement and a Crossing Agreement in place. Planning Services received an electronic mail on Thursday November 30, 2023, from Zach Brammer, representative for CBEP Solar 27, LLC, stating that the agreements are close to finalization, but the interested parties are not quite there yet. The applicant's email states. "In order to allow the Commissioners and Planning Department sufficient time to review the Good Neighbor Agreement and the Ditch Crossing Agreement, we request a continuance to the January 17, 2024 meeting of the County Commissioners." Planning Services is supportive of the request and recommends acceptance by the Board of County Commissioners to continue this case to Wednesday January 17, 2024. From: Zach Brammer <zach@cloudbreakenergy.com> Sent: Thursday, November 30, 2023 11:36 AM To: Kim Ogle <kogle@weld.gov> Cc: Melissa King <mking@weld.gov>; Brysen Daughton <brysen@cloudbreakenergy.com>; Cloudbreak Development Team <development@cloudbreakenergy.com> Subject: Request for Continuance - Weld County Board of Commissioners - USR23-0023 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mr. Ogle, This email shall serve as our request for a continuance to the hearing on USR23-0023 for a Solar Energy Facility, currently set for December 6, 2023. CBEP Solar 27 is currently trading final drafts with the Alles family for a Good Neighbor Agreement. In addition, on November 14, 2023, CBEP Solar 27 met with Union Ditch Company and verbally agreed to all points for a Ditch Crossing Agreement. A Ditch Crossing Agreement was distributed to Union Ditch Company on November 21, 2023, implementing the agreed upon points from the meeting on November 14. We anticipate this agreement will be signed shortly, which should satisfy the Planning Commission approval recommendation LB. In order to allow the Commissioners and Planning Department sufficient time to review the Good Neighbor Agreement and the Ditch Crossing Agreement, we request a continuance to the January 17, 2024 meeting of the County Commissioners. Sincerely, Zach Brammer Zach Brammer Co -Founder Cloudbreak Energy Partners CLOUDBREAK 0: (970) 425-3175 I C: (970) 580-5652 zach@cloudbreakenergy.com cloudbreakenergy.com Q 218 S 3rd Street. Sterling CO 80751 MEMORANDUM TO: Board of County Commissioners DATE: January 17, 2024 FROM: Kim Ogle. Planning Services SUBJECT: USR23-0023 CBEP Solar 27, LLC On October 4, 2023, the Board held a hearing on the request of CBEP Solar 27 LLC for a Site S pecific Development Plan and Use by Special Review Permit for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District. The Board took testimony and statements of those present and reviewed the request of the Thomas and Marjorie Brown. Based on discussion at the October 4, 2023 hearing the Board continued this case until December 6, 2023 to allow the applicants adequate time to get a Good Neighbor Agreement and a Crossing Agreement in place Cloudbreak Energy made a second request to continue the case to January 17, 2024, to allow the applicants adequate time to get a Good Neighbor Agreement and a Crossing Agreement in place. P lanning Services received an email from the applicant indicating that the Good Neighbor agreement has been finalized. Planning Services received an electronic mail yesterday January 16, 2024 providing notice of a letter dated January 16, 2024 from Dietze and Davis, P.C. recently retained legal counsel for the U nion Ditch Company requesting additional time to negotiate a final crossing agreement. . Given this development, Cloudbreak Energy is requesting a continuance of this case until January 24, 2024 to allow sufficient time to sign the Ditch Crossing Agreement. P lanning Services is supportive of the request and recommends acceptance by the Board of County Commissioners to continue this case to Wednesday January 24, 2024. DIETZE AND DAVIS, P.C. ATTORNEYS AT LAW Serving the West from Boulder since 1972 Robyn W. Kube Karl F. Kumli, Hitt Carmen S. Danielson Renee Ezer* Stephen A. Closky Tucker M. Katz Mark D. Detsky William A. Rogers, III Joshua E. Anderson Jennifer L. Lorenz Gabriella Stockmayer Carolyn R. Steffl Nathan A. Klotz Siena Square Building 2060 Broadway, Suite 400 Boulder, Colorado 80302 Telephone (303) 447.1375 Fax (720) 805-2051 www.dietzedavis.com Email: GStockmayer@dietzedavis.com January 16, 2024 Via Email Only: Weld County Clerk to the Board's Office 1150 O Street P.O. Box 758 Greeley, CO 80631 egesickgweld.gov; cwhite(aweld.gov Re: Docket #2023-66, PL2889, USR 23-0023 — Crossing Agreement Dear Weld County Commissioners: *Christina M. Gonsalves **Matthew C. Nadel S. Daniel Rubin Of Counsel: Joel C. Maguire Star L. Waring Nicholas G. Muller *Also admitted in California tAlso admitted in New Mexico **Also admitted in Wyoming Peter C. Dietze 1934-2019 Joel C. Davis 1936-2013 Union Ditch Company ("Union") has recently retained Dietze and Davis, P.C. to represent it in negotiating a Crossing Agreement with CBEP Solar 27, LLC relating to the above -referenced Special Review Permit. The parties are diligently working towards a finalized crossing agreement, but respectfully request additional time to negotiate given the recent retention of new counsel. Union remains hopeful that it will be able to reach a resolution with CBEP Solar 27 in the near future. Sincerely, DIETZE AND DAVIS, P.C. Griella Stockmayer C: Donna Coble (Union Ditch Co.); Bobby Dishell (Cloudbreak Energy/CBEP Solar 27) MEMORANDUM TO: Board of County Commissioners DATE: January 31, 2024 FROM: Kim Ogle, Planning Services SUBJECT: USR23-0023 CBEP Solar 27, LLC On October 4, 2023, the Board held a hearing on the request of CBEP Solar 27 LLC for a Site Specific Development Plan and Use by Special Review Permit for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District. The Board took testimony and statements of those present and reviewed the request of the Thomas and Marjorie Brown. Based on discussion at the October 4, 2023 hearing the Board continued this case until December 6, 2023 to allow the applicants adequate time to get a Good Neighbor Agreement and a Crossing Agreement in place Cloudbreak Energy made a second request to continue the case to January 17, 2024, to allow the applicants adequate time to get a Good Neighbor Agreement and a Crossing Agreement in place. Planning Services received an electronic mail on January 16, 2024 providing notice of a letter dated January 16, 2024 from Dietze and Davis, P.C. recently retained legal counsel for the Union Ditch Company requesting additional time to negotiate a final crossing agreement. Cloudbreak Energy made a third request to continue the case to January 31, 2024, to allow the applicants adequate time to get a Crossing Agreement in place based on the letter of January 16, 2024 from counsel for the Union Ditch. A final Crossing Agreement dated January 29, 2024 and signed by Kevin Walker, President of the Union Colony Ditch and Zachary Brammer, Authorized Signatory for Cloudbreak Energy is attached. The agreement had not been recorded as of mid -morning January 30, 2024. This agreement addresses Condition of Approval 1.B, and this condition may be removed from the Commissioners Resolution, The Good Neighbor Agreement dated December 7, 2023 and signed by Gary and Susan Alles adjacent property owners to the north and Zachary Brammer, Authorized Signatory for Cloudbreak Energy is attached. The agreement had not been recorded as of mid -morning January 30, 2024 This agreement addresses Condition of Approval 1.E and Condition of Approval 1.G and these conditions may be removed from the Commissioners Resolution. CROSSING AGREEMENT AND EASEMENT THIS AGREEMENT is entered into this .%2 ci "day of January, 2024, between Union Ditch Company (the "Ditch Company") and CBEP Solar 27, LLC (the "Applicant") (collectively, the "Parties"). RECITALS A. The Ditch Company is the owner of an irrigation ditch known as the Union Ditch, being a part of its irrigation system (the "Ditch"), and the easement for said Ditch. B. Applicant has entered into a lease agreement with Thomas D. Brown and Marjorie A. Brown ("Owners") dated September 3, 2021 ("Lease") to develop a solar -powered electrical power generation and transmission project to be located in Weld County, Colorado ("Project") on a portion of Owners' property and in accordance with and as described in Exhibit A attached hereto and incorporated herein by this reference. C. As part of the Project, the Applicant desires to install one access road that will span over the Ditch through the Ditch Company's easement in accordance with Exhibit A and pursuant to the terms of this Agreement. The portion of the road that crosses the Ditch will be constructed using a cement culvert covered by gravel and is referred to herein as "Crossing Road." The Crossing Road will be located approximately 720 feet north of County Road 54 off of County Road 47 as shown on Exhibit A. D. Applicant also desires to install, maintain, and replace electric and telecommunication utilities lines and related appurtenances over the Ditch in connection with the Project, as generally shown on Exhibit A ("Lines"). E. Exhibit A and the terms of this Agreement set forth the plans and specifications of the Project, including the Crossing Road and the Lines. The Crossing Road shall not be modified by any subsequent plan, specification, or material not included therein, unless it is signed by both parties. The specification of the Crossing Road that will span over the Ditch must be verified by the Ditch Company ("Specifications"). There shall only be one Crossing Road installed by Applicant in the place designated by Exhibit A unless a subsequent agreement is entered into between the Parties. F. The Ditch Company is willing to grant Applicant an easement for purposes of crossing the Ditch to facilitate completion of the Project pursuant to this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, and for valuable consideration, the adequacy of which is hereby acknowledged, the Parties mutually agree as follows: I. The above Recitals are accurate and are incorporated herein by reference. 1 2. The Ditch Company grants to the Applicant the right (i) to install and maintain the Crossing Road pursuant to the Specifications, (ii) to install, maintain, and replace (as needed) the Lines, and (iii) of ingress and egress as reasonable and necessary for the exercise of Applicant's right granted herein. With this grant, the Ditch Company grants Applicant an easement for the installation, maintenance, and use of the Crossing Road and Lines. The scope of this Agreement and the extent of the easement granted hereby are limited to the extent reasonably necessary to complete, maintain, and utilize the Crossing Road and Lines. 3. The Applicant agrees to pay to the Ditch Company a crossing fee in the amount mutually agreed upon by the parties ("Crossing Fee") at least thirty days prior to commencing any construction in the Ditch Company's easement. 4. The Crossing Road shall be constructed in strict accordance with the Specifications and the Lines in accordance with the plans set forth in Exhibit A. All Crossing Road and Lines work shall be done under the supervision of the Superintendent or other designated agent of the Ditch Company. No work shall be undertaken to commence the Crossing Road until the Ditch Company Superintendent has been notified and it does not interfere with Ditch operations and the Ditch Company has received the Crossing Fee. 5. The Applicant acknowledges and agrees that the plans set forth on Exhibit A require that: (a) any fence line established is at least 25 feet away from the nearest edge of the Ditch and (b) the Crossing Road includes at least a 5 ft wide cement oval culvert with a "mouth" that gets wider on each end, the intent of which is to prevent debris blockage and erosion. No riprap is to be placed on either end of the culvert or "mouth." 6. In connection with the construction of the Project, the Applicant shall be responsible for removing the existing cattle guard and crossing at the NE corner of the Project, at their own expense and to restore the area to the same condition as the surrounding area. The existing drain next to the cattle guard is to remain in place and not enlarged. 7. The Crossing Road will be completed by March 15, 2025. This completion date of the Crossing Road is mandatory. Any construction activity on the Crossing Road and the Lines shall be completed between November 1 and March 15, and no other time. Applicant shall provide Ditch Company with thirty days' notice prior to commencing any construction and shall exercise commercially reasonable efforts thereafter to inform the Ditch Company of construction progress on the Project, including the Crossing Road and Lines. The construction of the Project by the Applicant shall in no way interrupt, impede, or interfere with the flow of irrigation water in the Ditch, nor shall any part of the Project adversely affect the quality of the water in the Ditch. All construction shall be undertaken with due care to ensure that no contamination of the water in the Ditch occurs and that the flow of water in the Ditch is in no way impeded. 2 8. Upon completion of each of the Crossing Road and the Lines, the Applicant shall notify the Ditch Company, and the Parties shall jointly inspect the Ditch at the points of construction. If there are any deficiencies in the work of the Applicant or variations from the plans set forth in Exhibit A, the Applicant shall promptly remedy the same and shall meet all reasonable requirements of the Ditch Company in doing so. After construction, Applicant shall also provide reasonable notice to the Ditch Company prior to the Applicant conducting any additional work on the Crossing Road or Lines. 9. The Applicant agrees to exercise due care in the completion of the Project, including the Crossing Road and the Lines, including obtaining all local, state, and federal permits or approvals, and for compliance with all applicable laws and regulations. It is agreed that the Ditch Company is in no way responsible for any damages caused to any person or property by the Applicant in connection with the Project, including the Crossing Road and the Lines. The Applicant hereby agrees to indemnify and to hold the Ditch Company harmless from any and all causes of actions, claims, demands, liability, and damages caused to any person or property in connection with, or arising out of. the Project, in any way, whether it be related to the construction, maintenance, or ongoing use of the Project, including the Crossing Road and the Lines, except as set forth in Paragraph 12 below, and except to the extent any such causes of actions, claims, demands, liability, and damages are caused by the negligence or willful misconduct of the Ditch Company, its employees, or contractors. 10. The Applicant shall conduct any maintenance required in connection with the Project, including the Crossing Road and the Lines, at its sole expense, and so as not to interfere with the customary carriage of irrigation water in the Ditch or to interfere in any way with the maintenance and operation of the Ditch by the Ditch Company. 11. During the term of this agreement, the Ditch Company shall have the right to use the Applicant's Crossing Road for maintaining the area around the Ditch to the extent consistent with the Ditch Company's easement. In addition, the Ditch Company's grant to Applicant herein in no way restricts the Ditch Company's use of its easement for the Ditch to install, operate, or maintain all existing structures and facilities of the Ditch. 12. At least ninety (90) days prior to the end of Applicant's Lease with Owners, the Applicant shall notify the Ditch Company of the date Applicant is obligated to remove improvements and restore Owners' property pursuant to the Lease ("Restoration Date"). At least thirty (30) days prior to the Restoration Date, or if the Applicant has not used the Crossing Road for a period of five (5) consecutive years and thus is presumed to have abandoned the Project, the Ditch Company may exercise an exclusive option to obtain title to the Crossing Road from Applicant. Such an option supersedes any right of the Owners under the Lease to demand removal of, or themselves obtain title to, the Crossing Road. The Parties agree that Applicant's conveyance of title to the Crossing Road shall be made without representation or warranty, and that, upon conveyance, the Ditch Company shall become responsible for maintenance of the Crossing Road. 3 In the event the Ditch Company does not timely exercise its option regarding the Crossing Road, Applicant shall remove, or convey to Owners, the Crossing Road pursuant to the Lease. 13. In the event of default hereunder, the non -defaulting party shall be awarded all expenses of enforcement, including all costs and reasonable attorney's fees. 14. This contains the entire agreement of the Parties. All prior discussions, negotiations, or agreements are deemed merged herein. This Agreement may only be modified by a further written Agreement signed by the Parties. 15. The rights and duties hereunder shall inure to the benefit of and bind the successors and assigns of the Parties, and all covenants contained herein shall be deemed to run with the land in accordance with the terms of this Agreement. 16. The terms and provisions of this Agreement shall be interpreted in accordance with the laws of the State of Colorado. [SIGNATURE PAGES FOLLOW] 4 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date above written. DITCH COMPANY: UNION DITCH COMPANY P. O. Box 445 Greeley, Colorado 80632 By: Kevin Walker. President STATE OF COLORADO ) ss. COUNTY OF WELD SUBSCRIBED and SWORN to before me this day of January, 2024, by Kevin Walker, as President of Union Ditch Company. WITNESS my hand and official seal. My commission expires: DONNA L COBLE [Seal] NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19874036894 MY COMMISSION EXPIRES JUNE 07, 2027 Notary Public -5 APPLICANT: CBEP Solar 27, LLC Address: 4845 Pearl E. Circle Suite 118, #53242 Boulder, CO 80301 Attn: Zachary Brammer and Bobby Dishell Email: zach@cloudbrerakenergy.com bobby rz 1Qidbreakener cnm; llgal@sioudbreakenera.com By: Title: A Lib i ze,i S' j (Iq}0 (1 STATE OF COLORADO ) )ss. COUNTY OF 601i14er ) SUBSCRIBED and SWORN to before me this )q day of January, 2024, by ' i�l �fammr{ , as Attlinrr spot, LLC. WITNESS my hand and official seal. My commission expires: 1;r49/36 [Seal] ]VIiIVlk411! ll11311] IYNIII IIIVIVIiVIVIVIViill I V1 N IVlVIV FIVlilllllf Ig CHRISTOPHER MINWEGEN NOTARY PUBLIC • STATE OF COLORADO NOTARY ID 20224047579 MY COMMISSION E%PIRES DEC 20, 2026 IIIIVIIII III VIII I W Illilli IFMIIfIiIIIIIlilipil PI I I iiMIIIIMIOAMJ111111 r. ited Notary Public -6- of CBEP Solar 27, EXHIBIT A 2 WELD COWRY ROAAu 7 VUUUOlylI CI IVCIUIJC IV. J4OULCrU-,J I IL -Y I 00-DGZ4- I JUUMO I UUMOU SOLAR FARM GOOD NEIGHBOR AGREEMENT THIS GOOD NEIGHBOR AGREEMENT ("Agreement") is entered into as of December 2/7/2023 2023 ("Effective Date") by and between Gary and Susan Alles ("Alles"), and CBEP Solar 27, LLC, a Delaware limited liability company having an address of 4845 Pearl East Circle, Suite 118 #53242, Boulder, CO 80301 and any successors and assigns, ("Operator"). RECITALS A. WHEREAS, Operator has entered into that certain lease agreement with Thomas D. Brown and Marjorie A. Brown ("Browns") dated as of September 3, 2021 ("Lease") whereby Brown has leased certain real property located in part of the SE/4SE/4 of Section 23 in Township 5 North, Range 65 West ("Brown Property") to Operator for purposes of operating a Solar Farm project on such property. ("Solar Farm"). B. WHEREAS, Operator intends to install certain improvements on the Brown Property, including but not limited to: solar panels, solar modules, steel posts, inverters, beams, electrical equipment, transformers, battery facilities and equipment, collection facilities and equipment, access road, utility poles, temporary construction trailer, foundations and support structures, and interconnection, substation, and telecommunication equipment (collectively, "Solar Facilities"). C. WHEREAS, the Alles own the property located in the N/2 of SE/4, Section 23 in Township 5 North, Range 65 West, situated directly north of the Brown property ("Alles Property") and have expressed concerns associated with nuisance and other impacts the Solar Farm may have on the Alles Property given the proximity to the Solar Farm and Solar Facilities. D. WHEREAS, the parties desire to work cooperatively through adherence to the terms and conditions of this Agreement to address concerns and to promote positive neighbor relations, mutual respect, and protection of interests NOW, THEREFORE, in consideration of the foregoing recitals and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties, intending to be and hereby being legally bound, agree as follows: AGREEMENT 1. Setback. The setback for all Solar Facilities shall be a minimum of four hundred (400) feet from the Alles residence located on the Alles Property and shall be a minimum of two hundred forty-two feet from the entire southern Alles Property property line ("Setback"). The Setback is detailed in Exhibit A, attached hereto and incorporated herein. 2. Screening; landscaping. Prior to construction of the Solar Farm, Operator shall install a wooden fence along the entire northern boundary of the Solar Farm. Operator shall install such fence with a minimum height of eight (8) feet, however, Operator shall take commercially reasonable steps to install such fencing that is as high as possible, up to twelve (12) feet high. Operator shall install two (2) rows of Rocky Mountain Juniper trees along the entire northern boundary of the Solar Farm outside of the fencing, which shall be no less than five (5) feet in height. Operator shall exercise commercially reasonable efforts to obtain taller Rocky Mountain Juniper trees if the same are available and have a reasonably similar chance of long-term growth success. Operator shall seek input from the Alles regarding such trees and the placement thereof in good faith. If a tree dies or otherwise fails to meet the vegetative screening requirements associated with Weld County's uuuuoly II CI I VCIup ILl. uYOLJLCru-uI 1L -Y/ OO-OCLG- I JUU/10 I J.7MOU approval requirements for the Solar Facility (as determined by Weld County), Operator shall exercise commercially reasonable efforts to replace the tree(s) as soon as practical. 3. Maintenance. Operator shall maintain the Facilities in accordance with solar industry standards. Operator shall reasonably maintain all landscaping and screening on the Brown Property. All maintenance activities of Operator and its agents shall occur between 7:00 a.m. and 6:00 p.m. Operator shall regularly maintain the Brown Property utilizing mowers and keep the vegetation at a height of no more than 19 inches, including the portion of the Brown Property within the Setback. In no event shall Operator utilize sheep or other animals on the Brown Property for weed management or other purposes. 4. Access. Operator shall not, under any circumstances, use the existing access road on the Brown Property that is directly adjacent to the Alles Property, or use the Union Ditch crossing at that point. 5. Communication. Operator shall provide a single point of contact to the Alles as well as a back-up point of contact, who make commercially reasonably efforts to timely respond to any inquiries, concerns and questions from the Alles regarding the Solar Farm. Operator may change the points of contact by providing the Alles written notice at least two (2) business days' in advance of such change. Operator shall provide the Alles at least two (2) business days' notice for work or people on the Brown Property prior to the start date of construction of the Solar Farm. Once construction begins, Operator shall provide the Alles a general construction schedule for the phases and expected completion of construction of the Solar Farm. Operator shall make commercially reasonable efforts to mitigate construction noise and dust impacting the Alles Property. 6. Term. This Agreement shall begin as of the Effective Date and shall continue in full force and effect for so long as Operator or its successors or assigns operate a Solar Farm on the Brown Property ("Term"). 7. Permitting of Solar Farm. Provided Operator is in compliance with the terms and conditions herein, the Alles agree they will not challenge or in any way oppose Operator's applications for permits, licenses, and government approvals necessary for operation of the Solar Farm with Weld County or any other agency having jurisdiction over the Solar Farm. The Alles agree they will support a reasonable crossing agreement with the Union Ditch Co., to the extent such crossing is necessary for the Solar Farm and provided such crossing is not located along or within the Setback. Under no circumstances shall Operator place the Union Ditch crossing within the Setback. 8. Representations and Warranties. Operator makes the following representations and warranties: (i) Additional drainage infrastructure, beyond what was included on the drainage plan submitted to Weld County through Weld County use by special review application USR23-0023 ("Drainage Plans"), such as swales and level spreader, are unnecessary according to third party analysis, and such Drainage Plans are sufficient to adequately address all drainage concerns related to the installation of the Solar Farm. (ii) Operator has received all required permits and approvals of the Drainage Plan submitted to Weld County for construction and operation of the Solar Farm, and the Drainage Plans have been approved by Weld Count. (iii) Operator shall construct and operate the Solar Farm in accordance with all applicable laws, statues, codes, and regulations, and this Agreement. LJULUOILy II GI I VCIUl/e IIJ. J4OLJLCru-J I I L -+I OO-DCLL- I JLIV/1O I UUMOU (iv) Operator has or will receive all necessary state and governmental approvals and licenses for operation of the Solar Farm, including, but not limited to, the Colorado Department of Public Health and Environment, prior to operation of the Solar Farm. 9. Indemnification. Operator and its successors, assigns, agents, directors, and employees, shall indemnify, defend, and hold harmless, the Alles and their successors and assigns for any damages, suits, liabilities, causes of action, penalties, claims, and property damage, arising from or relating to any drainage or flooding issues related to the construction and operation of the Solar Project. 10. Default. If any party (the "Defaulting Party") should fail to perform any of its obligations under this Agreement within thirty (30) days' notice after the other party has given the Defaulting Party written notice of such failure ("Notice Party"), then the Notice Party shall have the rights, at its option, to exercise and enforce any remedy afforded to it by law or equity, including a suit for specific performance or other equitable relief, or for damages resulting from such default. During the thirty (30) days after notice has been received by the Defaulting Party, the parties shall work in good faith to negotiate a resolution to the dispute. 11. Notices. All notices or other communications required or permitted by this Agreement shall be in writing and shall be deemed given when personally delivered to, or in lieu of personal delivery, five (5) days after deposit in the USPS first class postage prepaid, and addressed as follows: If to Alles: 26285 County Road 47 Greeley, CO 80631 If to Operator: 4845 Pearl East circle, Suite 118 #53242 Boulder, CO 80301 Or such other address as the parties may designate in writing. Notice given by a party's attorney or authorized agent shall be deemed notice given by such party. 12. Amendments. This is the entire Agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements between the parties with respect thereto. This Agreement shall not be modified or amended except in a writing signed by both parties. No proposed modifications or amendments, including without limitation any oral agreement, or course of conduct, shall be binding upon either party. 13. Non -Waiver. The failure of a party to enforce any terms of this Agreement shall not be construed as a waiver of any such terms or relinquishment of any right of enforcement for the same. 14. Authority. Each party represents it has the unrestricted right and authority to execute this Agreement. 15. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the parties' respective successors and assigns. Should any provision of this Agreement be held, in a final decision by a court of competent jurisdiction, to be invalid, void, or unenforceable, the remaining provisions shall remain in full force and effect. UUUUJIyII GI IVCIUpe ILI. I.4OL/LGrU JI IL-4/OO-D - IJUUMO I wurmaU 16. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with Colorado law, without regards to conflicts of law principles. 17. No Construction Against Drafter. Each party acknowledges that it has had the opportunity to review this Agreement with legal counsel or tis choice, and there shall be no presumption that ambiguities shall be construed or interpreted against the drafter. 18. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which when taken together shall constitute one original document. [signature page follows] LJUVUOIyI I CI IVCIUIJO IL)..J'4OLJGCrU-U I I L +I UO-CCLL- I JUV/1O I VW/1OU IN WITNESS WHEREOF, the undersigned have caused this instrument to be executed as of the date first written above. ALLES ❑oCuSignod by: Q,s Gary Alles DocuSigned by: (' tA.SA.!/l. /du `sCA51E3A(. . ll1... usan►Eies CBEP Solar 27, LLC DocuSigned by: ame: Each Brammer Title: Authorized Signatory VU(.uOIyII CI Iv iupO IIJ. )'+oLI Cru-uI IL-'$/OO'OCLL- I JUU/1O I VV/1OU EXHIBIT A Setback *shading may not be to scale Hello