HomeMy WebLinkAbout20240266.tiffCORRECTED RESOLUTION
(Corrected to change the applicant name from CBEP Solar 16.
LLC, to CBEP Solar 6, LLC, pursuant to a letter request and
updated application, dated November 27, 2023, a copy of which is
attached hereto)
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW PERMIT, USR23-0032, FOR A 7.5 MW SOLAR ENERGY
FACILITY (SEF) IN THE A (AGRICULTURAL) ZONE DISTRICT - MCKEE RANCH,
LLLP, C/O CBEP SOLAR 6, 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 8th day of
November, 2023, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of McKee Ranch, LLLP, P.O. Box 125, Lucerne, Colorado 80646,
c/o CBEP Solar 6, LLC, (formerly presented as CBEP Solar 16, LLC), P.O. Box 1255, Sterling,
Colorado 80751, for a Site Specific Development Plan and Use by Special Review Permit,
USR23-0032, for a 7.5 MW Solar Energy Facility (SEF) in the A (Agricultural) Zone District, on
the following described real estate, being more particularly described as follows:
E1/2 NE1/4 of Section 24, Township 6 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
1) Section 22-2-10.C states: "Promoting Economic Growth and
Stability. Land use policies have a significant impact economic
conditions in the County and should be structured to encourage
economic prosperity. To ensure the continued strength of Weld
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FtPPL. REP 02/2042,4
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County's economy, land use processes and decisions based on the
[Comprehensive Plan] shall be consistent and promote financially
responsible growth." The Solar Energy Facility (SEF) will provide
construction jobs and energy to Weld County, which directly
supports economic prosperity. This SEF, being a power -generating
facility, will add variety, stability and redundancy to the existing
electrical grid. Traditional energy resources are tied to commodity
markets and can vary in demand and output. This facility can
complement and support the economy during times of fluctuating
oil and gas activity.
2) Section 22-2-30.C states: "Harmonize development with
surrounding land uses." The adjacent land will experience minimal
impacts from the SEF. The facility will be screened, by trees, from
the property to the north, and if a screening waiver cannot be
obtained, will be screened by trees to the south as well.
B. Section 23-2-230.6.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states: "Agriculture in the County is
considered a valuable resource, which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the County. The A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production, and
for areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses." This
Code Section supports the installation of the subject SEF, which is
for energy development. The facility will provide power to be utilized
by residences, businesses, and farming operations in Weld County.
2) Section 23-3-40.FF — Uses by Special Review, of the Weld County
Code include, "Solar Energy Facilities (SEF'S), being more than
five (5) acres in size, but less than 160 acres, in the Near/Urban
Area, as shown on Appendix 21-8, or being more than
five (5) acres, but less than 320 acres, in the Agricultural/Rural
Area, as shown on Appendix 21-8." This Code Section allows the
applicant to apply for the subject SEF, being located in the
Near/Urban Area, as shown by map in Appendix 21-B. Per
Section 23-1-90 of the Weld County Code, a "Solar Energy Facility"
means: "a commercial facility whose primary purpose is to supply
electricity and consists of one or more solar arrays and other
accessory structures, equipment, including substations,
switchyards, battery storage, electrical infrastructure, generators,
transmission lines, communications infrastructure, and other
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appurtenant structures and/or facilities." The SEF will encumber
approximately 54.19 acres and qualifies as an SEF USR. The USR
facility will also include two (2) storage containers, for construction
and operation usage, being Accessory Uses, permitted by
Section 23-3-30.B of the Weld County Code. The applicant is also
proposing a temporary construction trailer office, during
construction. Per Section 23-4-190 of the Weld County Code: "a
Zoning Permit shall not be required for a manufactured structure in
the A (Agricultural) Zone District if such structure is already shown
on an approved and recorded Use by Special Review map."
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The immediate adjacent lands
consist of pastures, crops, and rural residences. The closest residences
are approximately 500 - 550 feet to the north and approximately
600 - 700 feet to the south.
There are three (3) USRs within one (1) mile of the site. USR21-0020, for
a SEF (this permit was approved on the neighboring parcel to the east);
MUSR16-0008, for an Oil and Gas Support Service Facility for parking,
staging, storage and maintenance for a tank and water service trucking
facility; and USR-995, for an Oil and Gas Production Facility, is located
south of the site. Sonny View Estates Subdivision is located approximately
3,500 feet to the southwest.
The Weld County Department of Planning Services sent notice to 12
surrounding property owners (SPOs) and no SPO responses have been
received.
The applicant held a neighborhood meeting on August 10, 2023, and
two (2) SPOs attended. A summary of the conversation/discussion during
the meeting was provided, which included issues such as impacts on
property values and screening.
The proposed use is in an area that can support this development and the
existing screening, Conditions of Approval and Development Standards will
assist in mitigating the impacts of the facility on the adjacent properties and
ensure compatibility with surrounding land uses and the region.
D. Section 23-2-230.B.4 — The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is not located within a Coordinated Planning
Agreement (CPA) area but is located within the three (3) mile referral areas
of the City of Greeley and the Town of Eaton. The City of Greeley provided
a referral response, dated August 9, 2023, which stated the property is
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located within their Long Range Expected Growth Area (LREGA) and is
identified as Urban Reserve on the LREGA map. The City of Greeley
outlined Development Code chapters concerning setbacks and
landscaping that would apply if the project were annexed into the City of
Greeley.
The property is located just to the south of the Urban Growth Area for the
Town of Eaton, per the Town of Eaton's Comprehensive Plan. In the
referral response, dated September 22, 2023, the Town of Eaton stated
they were in opposition of the development due to its location, potential
impact to the future growth and development, removal of valuable real
estate that could otherwise become commercial or residential, and
negative impacts to surrounding uses and property values. The Town of
Eaton's municipal limits are located approximately two (2) miles to the north
and future land uses are not identified in the Urban Growth Boundary for
this location.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not located
within any overlay district officially adopted by the County, including
A -P (Airport) Overlay District, 1-25 Overlay District, Geologic Hazard
Overlay District, MS4 - Municipal Separate Storm Sewer System area,
Special Flood Hazard Area, Historic Townsites Overlay District, or
Agricultural Heritage Overlay District. Building Permits issued on the lot will
be required to adhere to the fee structure of the County -Wide Road Impact
Fee, County Facility Fee, and Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The Natural Resources Conservation Services (NRCS) Soil Survey
indicated 61.5% of the site consists of (1-3% slope) Olney fine sandy
loam, 16.7% Nelson fine sandy loam, 13.7% (Aquolls and Aquepts,
flooded) and 8.2% is (1-3% slope) Kim loam. Both soil types are classified
as "Farmland of local importance." Olney fine sandy loam is identified as
Prime farmland if irrigated and the product of I (soil erodibility) x C (climate
factor) does not exceed 60; Nelson fine sandy loam is identified as
Farmland of local importance; Aquolls and Aquepts are identified as Prime
farmland if drained, and either protected from flooding or not frequently
flooded during growing season; and Kim loam is identified as Prime
farmland if irrigated.
The application states there is no irrigation system and no existing water
rights with the property, thus crop production has been increasingly more
challenging due to the lack of water. The applicant proposes to plant a
native seed mixture and graze sheep on the site to maintain vegetation of
a height of 18-22 inches.
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G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County. This
proposal has been reviewed by the appropriate referral agencies and it has
been determined that the attached Conditions of Approval and
Development Standards ensure that there are adequate provisions for the
protection of the health, safety, and welfare of the inhabitants of the
neighborhood and county and will address and mitigate impacts on the
surrounding area with the operation of this facility.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of McKee Ranch, LLLP, c/o CBEP Solar 6, LLC, for a Site
Specific Development Plan and Use by Special Review Permit, USR23-0032, for a 7.5 MW Solar
Energy Facility (SEF) in the A (Agricultural) Zone District, on the parcel of land described above,
be, and hereby is, granted subject to the following conditions:
1. Prior to recording the map:
A. 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.
B. A Final Drainage Report, stamped and signed by a Professional Engineer,
licensed in the State of Colorado, shall be submitted.
C. The applicant shall acknowledge the requirements of the Weld County
Department of Building Inspection, as stated in the referral response, dated
July 14, 2023. Written evidence of such shall be submitted to the Weld
County Department of Planning Services.
D. The applicant shall acknowledge the comments of the City of Greeley, as
stated in the referral response, dated August 9, 2023. Written evidence of
such shall be submitted to the Weld County Department of Planning
Services.
E. The applicant shall acknowledge the requirements of the Eaton Fire
Protection District, as stated in the referral response, dated July 24, 2023.
Written evidence of such shall be provided to the Department of Planning
Services.
F. The applicant shall address the recommendations of Colorado Parks and
Wildlife, as stated in the referral response, dated August 31, 2023. Written
evidence of such shall be provided to the Department of Planning Services.
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G. The applicant shall acknowledge the comments of the Weld County
Department of Oil and Gas Energy (OGED), as stated in the referral
response, dated July 25, 2023.
H. A Landscape and Screening Plan, that screens the site from the
surrounding property owners and rights -of- way, shall be submitted to, and
approved by, the Department of Planning Services.
I. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR23-0032.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall show and label the required setbacks, in
accordance with Section 23-4-1030.C.3 of the Weld County Code.
5) Any existing and proposed solar facility installations and electrical
equipment, power lines, structures, temporary work trailers, storage
containers (limited to two [2)], per Section 23 -3-30.6 of the Weld
County Code), storage areas and miscellaneous improvements, as
applicable. Clearly indicate which items are temporary for use
during construction and which items are permanent.
6) Required fencing, gates and any emergency and site identification
signage, in accordance with Section 23-2-240.A.12 and
Section 23-4-1030.C.6 of the Weld County Code.
7) On -site lighting, if applicable. All lighting shall be downcast and
shielded so that light rays will not shine directly onto adjacent
properties. Include lighting specification details on the USR map.
Refer to Section 23-2-250.D of the Weld County Code for design
criteria.
8) Trash collection areas, if applicable. Section 23-2-240.A.13 of the
Weld County Code addresses the issue of trash collection areas.
9) Planned oil and gas surface development areas, corridors, access
roadways, etc., as part of any executed Surface Use Agreement, if
applicable.
10) The applicant shall show and label all recorded easements, and
rights -of -way shall be delineated on the plat by book and page
number or Reception number.
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11) The applicant shall show the Colorado Department of
Transportation (CDOT) State Highway 392 right-of-way on the map,
along with the documents creating the right-of-way.
12) County Road 37 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road, which
requires 80 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map. All setbacks shall be measured
from the edge of the right-of-way. This road is maintained by Weld
County.
13) The applicant shall show and label the proposed access point onto
County Road 37 and the usage type(s) (Agriculture, Residential,
Commercial/Industrial, or Oil and Gas). Development Review will
review the access location as a part of the plan submittal.
14) The applicant shall show and label the drainage flow arrows.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map the applicant
shall submit a Mylar map along with all other documentation required as Conditions
of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar map and additional requirements shall be submitted
within 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be
recorded within the specified timeline from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance fee shall be added for
each additional three (3) month period.
4. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
B. The Access Permit shall be obtained, and an approved tracking control
method shall be constructed.
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
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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 Review 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
map is ready to be recorded in the office of the Weld County Clerk and Recorder
or the applicant has been approved for an early release agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 31st day of January, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
ATTEST: dot jd u
Weld County Clerk to the Board
AP
.lU0.ul)ck-
Deputy Clerk to the Board
FORM:
Cou "" Attorney
Date of signature: �° l.P / 24
WELD COUNT
�.
Kevin D. Ross, Chair
erry L. B k, Pro-Tem
Mike ®reeman
Scott K. James
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MCKEE RANCH, LLLP,
C/O CBEP SOLAR 6, LLC
USR23-0032
1. Site Specific Development Plan and Use by Special Review Permit, USR23-0032, is for
a 7.5 MW Solar Energy Facility (SEF) in the A (Agricultural) Zone District, subject to the
Development Standards stated hereon.
2. Approval of this plan may create a vested property right, pursuant to Section 23-8-10 of
the Weld County Code.
3. The Use by Special Review Permit shall be valid for three (3) years from the date of
approval. If the site is not selected for being a participant in any community solar program
the permit shall expire on the anniversary date of Board of County Commissioners
approval.
4. Any future structures or uses onsite must obtain the appropriate Zoning and Building
Permits.
5. The facility is unmanned and will operate year-round. Limited maintenance personnel may
visit the site, once operational.
6. Height limitation. Ground -mounted solar collectors shall not exceed 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.
7. Glare. The SEF shall be placed so that concentrated solar glare from its solar collectors
will not be directed toward, or onto, nearby properties or roadways, at any time of the day.
8. Setbacks. The Improved Area of the SEF shall conform to the setback requirements of the
underlying zone. Additionally, the improved area must be at least 500 feet from existing
residential buildings and residential lots of a platted subdivision or planned unit
development. The residential setback requirement may be reduced if appropriate
screening, through landscape or an opaque fence, is installed, or upon submittal to Weld
County of a waiver or informed consent, signed by the residence owner, agreeing to the
lesser setback. If landscaping or opaque fencing is substituted for setback, a Landscaping
Plan or Fencing Plan shall first be submitted to, and approved by, the Department of
Planning Services, per Section 23-4-1030.C.3 of the Weld County Code, as amended.
9. Dust mitigation. The operators of the SEF shall continuously employ the practices for
control of fugitive dust, detailed in the accepted Dust Mitigation Plan, per
Section 23-4-1030.C.4 of the Weld County Code, as amended.
10. Underground cables. All electrical cables on the improved area shall be buried, except for
direct current string wires that connect between solar collectors, and direct current
collection circuits between rows of solar arrays that are no more than four (4) feet above
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grade crossings, substations, switchyards, and circuit voltages greater than 34.5 kilovolts,
necessary.
11. Fencing. The SEF shall be enclosed with a security fence, as accepted, pursuant to the
Fencing Plan, as presented in the application materials. Appropriate signage shall be
placed upon such fencing that warns the public of the high voltage therein.
12. Stormwater management. The Operator of the SEF shall comply with the approved Final
Drainage Report and the required Storm Drainage Criteria pursuant to Chapter 8,
Article XI of the Weld County Code. Ground -mounted solar collector systems shall be
exempt from impervious surface calculations if the soil under the collectors is designated
hydrologic A or B soil groups by the Natural Resources Conservation Service (NRCS).
13. Access Permit. Prior to construction of the SEF, the applicant shall apply for, and obtain,
an approved Access Permit from the Weld County Department of Public Works, pursuant
to the provisions of Chapter 8, Article XIV of the Weld County Code, per
Section 23-4-1030.C.8 of the Weld County Code, as amended.
14. Existing irrigation systems. The nature and location or expansion of the SEF must not
unreasonably interfere with any irrigation systems on, or adjacent to, the SEF, per
Section 23-4-1030.C.9 of the Weld County Code, as amended.
15. Decommissioning. The site shall adhere to the accepted Decommissioning and
Reclamation Plan. Weld County shall have the right to draw upon the irrevocable standby
letter of credit, or other form of financial security, to pay for decommissioning in the event
that the holder has not commenced decommissioning and reclamation activities within 90
days of the Board of County Commissioners' order or Resolution directing
decommissioning and reclamation.
16. The site shall be maintained in accordance with the accepted Property Maintenance Plan.
17. All signs shall adhere to Chapter 23, Article IV, and Division 2 of the Weld County Code.
18. Landscaped areas shall be maintained by the owner/tenant of the property, including
landscaped areas within the adjacent right-of-way. Maintenance shall include, but not be
limited to, irrigating, mowing, pruning, removal of trash and weeds, and the replacement
of any required plantings that become diseased, infested, or otherwise unhealthy, within
the growing season or next calendar year, whichever occurs sooner.
19. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
20. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
21. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall require an approved Right -of -Way Use Permit, prior to commencement.
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22. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
23. The historical flow patterns and runoff amounts on the site will be maintained.
24. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal
Sites and Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final
disposal in a manner that protects against surface and groundwater contamination.
25. During construction, no permanent disposal of wastes shall be permitted at this site. This
is not meant to include those wastes specifically excluded from the definition of a solid
waste in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
26. During construction, waste materials shall be handled, stored, and disposed of in a
manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other
potential nuisance conditions. The facility shall operate in accordance with Chapter 14,
Article I of the Weld County Code.
27. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of construction and operation of the facility.
28. 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.
29. The facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) Permit
requirements, as stipulated by the Air Pollution Control Division of the Colorado
Department of Public Health and Environment, as applicable.
30. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone, as delineated in C.R.S. §25-12-103.
31. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
32. Lighting shall be maintained in accordance with the approved Lighting Plan.
33. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties. Sources of light should not cause a nuisance or interfere with the use on the
adjacent properties in accordance with the map. Neither the direct, nor reflected, light from
any light source may create a traffic hazard to operators of motor vehicles on public or
private streets. No colored lights may be used, which may be confused with, or construed
as, traffic control devices.
34. Building Permits may be required for any new construction, set up of manufactured
structures, or change of use of existing buildings, per Section 29-3-10 of the Weld County
Code. Buildings and structures shall conform to the requirements of the various codes
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adopted at the time of permit application. Currently, the following have been adopted by
Weld County: 2018 International Codes, 2020 International Energy Conservation Code,
2020 National Electrical Code, and Chapter 29 of the Weld County Code. A Building
Permit application must be completed and two (2) complete sets of engineered plans,
bearing the wet stamp of a Colorado registered architect or engineer, must be submitted
for review. A Geotechnical Engineering Report, performed by a Colorado registered
engineer, or an Open Hole Inspection shall be required. A Building Permit must be issued,
prior to the start of construction.
35. Building Permits issued on the proposed lots will be required to adhere to the fee structure
of the County Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee
Programs.
36. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
37. All buildings shall comply with the setback from oil and gas wells, per Section 23-4-700,
as amended.
38. 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.
39. 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.
40. 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.
41. Construction or use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of Board of County Commissioners
signed Resolution, unless otherwise specified by the Board of County Commissioners
when issuing the original Permit, or the Permit shall be vacated. The Director of the
Department of Planning Services may grant an extension of time, for good cause shown,
upon a written request by the landowner.
42. 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
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PL2734
DEVELOPMENT STANDARDS (USR23-0032) - MCKEE RANCH, LLLP, C/O CBEP SOLAR 6,
LLC
PAGE 5
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.
43. 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 e of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and people moving into these areas must
recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are f 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.
44. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
2024-0266
PL2734
MEMORANDUM
TO: Board of County Commissioners
DATE: January 29, 2024
FROM: Chris Gathman
SUBJECT: Request to change applicant name for USR23-0032 from
CBEP Solar 16, LLC to CBEP Solar 6, LLC
Request: The applicant (in a letter dated November 27, 2023) has requested to change the applicant
name for USR23-0032 from CBEP Solar 16, LLC to CBEP Solar 6, LLC.
Background: CBEP Solar 6, LLC will own and operate the solar project and should replace CBEP Solar
6, LLC on all application materials. Originally CBEP Solar 6, LLC was associated with the Harring Solar
Project (USR23-0005) in a different location which was subsequently denied by the Weld County
Commissioners on May 3, 2023. XCEL energy has approved the relocation of the CBEP Solar 6, LLC
contract to the USR23-0032 location.
USR23-0032 was approved by the Board of County Commissioners on November 8, 2023. No additional
material changes to the approved layout and conditions of USR23-0032 are proposed.
Recommendation: Staff recommends approval of this change.
2024-0266
1/31
PL2:13g
CLOUDBREAK
CBEP SOLAR 6, LLC
PO BOX 1255
STERLING, CO 80751
(970) 425-3175
INFO@CLOU DBR EAKE N ERGY.COM
DATE: November 27, 2023
PROJECT: McKee Ranch Solar Project
SUBJECT: Record Correction - Updated Applicant
To whom it may concern,
CBEP Solar 16, LLC would like to update the McKee Ranch Solar Project Application
(USR23-0032) to change the applicant to CBEP Solar 6, LLC. This entity, CBEP Solar 6, LLC,
will own and operate the McKee Ranch Solar Project and should replace CBEP Solar 16, LLC on
all application materials. Cloudbreak Energy Partners, LLC is the parent organization for both
of these companies and needs to make this update so that the company that signed all of the
contracts with the Public Service Company of Colorado (d.b.a. Xcel Energy ) is the same
company that is on the USR application.
Originally, the Xcel Energy contracts with CBEP Solar 6, LLC belonged to the Harring Solar
Project (USR23-0005), but this USR was not approved by the Weld County Board of County
Commissioners. Xcel Energy has approved the relocation of this contract to the McKee Ranch
Solar Project (USR23-0032).
Please reach out to Brysen Daughton (brysen@cloudbreakenergy.com) for any questions or
clarifications on this request. Thank you for your assistance updating the McKee Ranch Solar
Project (USR23-0032) application materials to reflect this new applicant, CBEP Solar 6, LLC.
Best,
Brysen Daughton
Project Developer
Cloudbreak Energy Partners, LLC
970.425.3501
brysen@cloudbreakenergy.com
(970) 425-3175 I INFO@CLOUDBREAKENERGY.COM I CLOUDBREAKENERGY.COM
USE BY SPECIAL REVIEW (USR) APPLICATION
FOR PLANNING DEPARTMENT USE:
AMOUNT $
APPLICATION RECEIVED BY
DATE RECEIVED:
CASE # ASSIGNED:
PLANNER ASSIGNED:
PROPERTY INFORMATION
Is the property currently in violation?QNo EYes Violation Case Number:
Parcel Number: 0 8 0 5 _ 2 4 _0 _0 0 _0 2 4
Site Address: NEAR 32501 COUNTY ROAD 37, Greeley, CO 80631
Legal Description: A portion of 17885 E2NE4 24 6 66 EXC COMM E4 COR W30 TO POB N 104.5 W 209 S 104.5 E 209 TO POB
Section: 24 , Township 6 N, Range 66 W Zoning District: A Acreage: 70.124
Within subdivision or townsite?JNo /EYes Name:
Water (well permit # or water district tap #): N/A
Sewer (On -site wastewater treatment system permit # or sewer account #): N/A
Floodplain ENo / EYes Geological Hazard NN° / EYes Airport Overlay ENo / Eves
PROJECT
USR Use being applied for: Solar Facilities
Name of proposed business: CBEP Solar 6, LLC
PROPERTY OWNER(S) (Attach additional sheets if necessary.)
Name:
Company: McKee Ranch LLLP
Phone #: (307) 399-3925 Email: countrycam16@gmail.com
Street Address: P.O. Box 125
City/State/Zip Code: Lucerne, CO 80646
APPLICANT/AUTHORIZED AGENT (Authorization Form must be included if there is an Authorized Agent)
Name: Zach Brammer
Company: CBEP Solar 6, LLC
Phone #: (970) 580-5652 Email: zach@cloudbreakenergy.com
Street Address: P.O. Box 1255
City/State/Zip Code: Sterling, CO 80751
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with
or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the property
must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners must be
included with the application. If the fee owner is a corporation, evidence must be included indicating the signatory has
the legal authority to sign for the corporation.
11/27/23
Si9
di Date Signature Date
Zach Brammer
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07/22 9
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