HomeMy WebLinkAbout20240361.tiffHEARING CERTIFICATION
DOCKET NO. 2024-01.B
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR23-0024, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS
AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT -
LEE AND RUBY LINBLAD, AND M.A. LINBLAD, LLC, C/O CBEP SOLAR 22, LLC, AND
CBEP SOLAR 23, LLC
A public hearing was conducted on February 21, 2024, at 10:00 a.m., with the following present:
Commissioner Kevin D. Ross, Chair
Commissioner Perry L. Buck, Pro-Tem
Commissioner Mike Freeman - EXCUSED
Commissioner Scott K. James
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jan Warwick
Deputy County Attorney, Karin McDougal
Department of Planning Services representative, Molly Wright
Department of Public Health and Environment representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated December 21, 2023, and duly published
December 27, 2023, in the Greeley Tribune, a public hearing was scheduled for January 31, 2024,
to consider the request of Lee and Ruby Linblad, and M.A. Linblad, LLC, c/o CBEP Solar 22, LLC,
and CBEP Solar 23, LLC, for a Site Specific Development Plan and Use by Special Review
Permit, USR23-0024, for a Solar Energy Facility (SEF) outside of subdivisions and historic
townsites in the A (Agricultural) Zone District. On January 16, 2024, the Weld County Offices were
closed due to inclement weather conditions and the scheduled Planning Commission hearings
were rescheduled to later dates; therefore, an updated notice dated January 18, 2024, and duly
published January 20, 2024, in the Greeley Tribune, rescheduled this matter to February 21,
2024, at 10:00 a.m., to allow the case to be heard by the Planning Commission on February 6,
2024. Karin McDougal, Deputy County Attorney, made this a matter of record.
=, Chair Ross reviewed the procedures to follow should this case result in a tie vote due to
four (4) Commissioners being present and Commissioner Freeman being excused. In response
to Chair Ross, Bryson Daughton, CBEP Solar representative, stated neither he, nor the applicant,
has been in contact with any of the Commissioners regarding this case.
_'' Molly Wright, Department of Planning Services, presented a brief summary of the proposal
and explained construction activities will take place from 10:00 a.m. to 6:00 p.m., with
approximately 35 construction workers onsite. She described the fence surrounding the facility
and the native grasses which will be installed. Ms. Wright explained an access permit was
obtained, from the Colorado Department of Transportation (CDOT) for access onto State
CC : PL(ER/Kw/t al -t J,'KR)
03/29 /2q
2024-0361
PL2901
HEARING CERTIFICATION - LEE AND RUBY LINBLAD, AND M.A. LINBLAD, LLC,
C/O CBEP SOLAR 22, LLC, AND CBEP SOLAR 23, LLC (USR23-0024)
PAGE 2
Highway 392. She stated, during construction, there will be fifteen (15) passenger vehicle
round -trips, per day, and five (5) heavy duty truck round -trips per day, and during operation, that
will decrease to one (1) passenger vehicle per week. She described the sign posting and relayed
Notice was sent to 17 surrounding property owners (SPOs), and one (1) letter of support was
received. She stated the site is located within the three (3) mile referral area of the City of Greeley,
the Town of Windsor, and the Town of Severance; the Town of Windsor and the City of Greeley
returned their referrals with no concerns stated. Ms. Wright entered the favorable
recommendation of the Planning Commission into the record, as written, and displayed images
of the site and surrounding views. In response to Commissioner Buck, Ms. Wright deferred to the
applicant to address whether there was water on the property.
Lauren Light, Department of Public Health and Environment, stated a screened, portable
toilet will be sufficient, during construction, relayed a Dust Abatement Plan was submitted
indicating water would be used during construction and revegetation or chemical methods would
be utilized during operation, additionally, sheep will be used for vegetation control. Ms. Light
stated a Noise Study was submitted, conducted by Kimbly-Horn, and determined noise mitigation
measures are not needed. She explained the Department of Public Health and Environment has
eight (8) Development Standards for the applicant to adhere to, and there are no outstanding
issues regarding this request.
Bryson Daughton, CBEP Solar, described the project and the benefits derived from the
facility. He described the two areas, to be known as Antelope Hill 1 and Antelope Hill 2, and
shared a depiction of the location and layout of the project sites. He explained there is no local
shepherd as of yet, and a Road Maintenance Agreement will be entered into, if requested by the
County. Mr. Daughton confirmed there will be 15 to 20 vehicle round -trips, per day, during
construction. He described the land maintenance, noise analysis report, and Decommission Plan.
In response to Commissioner James, Mr. Daughton stated no critical habitats will be disturbed,
he explained critical habitats are reported via Colorado Parks and Wildlife (CPW). Responding to
Commissioner Buck, Mr. Daughton stated there is no contract with Xcel, for this site, at this time.
Carolyn Brown, Greeley resident, stated she is in support of the application.
Ei In response to Chair Ross, Mr. Daughton indicated they have reviewed, and agreed to abide
by, the Conditions of Approval and Development Standards, as amended.
=''. The Board discussed the Conditions of Approval (COA), agreeing to the removal of COA #1.A
(CDOT Access permit), and amendment to newly numbered COA #1.B.12 (Label CDOT access
points). The Board agreed to all of the aforementioned changes.
"' No public testimony was offered regarding changes made to the Conditions of Approval.
Commissioner James moved to approve the request of Lee and Ruby Linblad, and
M.A. Linblad, LLC, c/o CBEP Solar 22, LLC, and CBEP Solar 23, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR23-0024, for a Solar Energy
Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District,
2024-0361
PL2901
HEARING CERTIFICATION - LEE AND RUBY LINBLAD, AND M.A. LINBLAD, LLC,
C/O CBEP SOLAR 22, LLC, AND CBEP SOLAR 23, LLC (USR23-0024)
PAGE 3
based on the recommendations of Planning staff and the Planning Commission, with the
Conditions of Approval and Development Standards, as amended. The motion was seconded by
Commissioner Saine, and it carried unanimously. There being no further discussion, the hearing
was completed at 12:01 a.m.
This Certification was approved on the 6th day of March, 2024.
BOARD OF COUNTY COMMISSIONERS
ATTEST: . rte) :4,
Weld County Clerk to the Board
Bk—) ttAA.6 nk •00V)
Deputy Clerk to the Board
WELD COUNTY
Perry L. By k, Pro-Tem
2024-0361
PL2901
ATTENDANCE LIST
Z/Zt
NAME ` RLEASE PRINT LEGIBLY
At;QPEESS CITY, STATE ZIP)
EMAIL
CO JN'I"Y
S � G
Balm- Lan
So ee,ctn 5en't w 806g2
1-,A.-9Q,-GJh-oso.c0.0,5
4,..,.s. s
,e- 0„,,,,..w0 G V-
So ectAl 6i -c --r GO Aso kg a
-s ,.-k e bu HIa 4
'.Jet 4
e 1
),462 C_R tc I
ff
e ik 1 1) �e
1,1144
'�" , e,,,,;, ,�v,.rn'-
go2
Zoo? q tea. q /4.4.4.5°,7'
Y s-i \r m.o.zik
unolek
/,‘&_______
?
--C
‘,(2.r.v
6 albs
3., au, d
T ler. ,1-2e.R,C- N . ,,r-
K�wm J
9
(-)A 1ST. 0doi
/08/ /PT"Jr, px 3%,„t/-
.c.lo. m e4/,e�..../• ca—,
,-.54q0
6A -p'1 L4 -coal./
a'so to. 04,,,,,,i4. t'171
a-
.J
_Mic Ge.c (2.tnneAls
4 -t,, -t75 ccc 4-y foci Zc[
MiC.1,)0-eIG.ruv)h-c.IfsG' Hoo-cow
W�l e-
yes
taAlleAA l (f,ULeT
15,q e rob-, E . o .,-a
tuli1 C aliereREc 4.I irro at6 •
^dk We V
Ye)
C Ari N •1 31.Ne r
7 L•�1...,"k.
i 3 is M 1 wets Pe. c� .
C kr1�1P r b? .4,,,,110,- C 1I • c,
Bad) 44-
\4 : 5
�--�
tani� �o�'
, sc(Sci Co R 5 Fi ( {a ( '
Gaon„ Q co; / f ,°uc T„,6,,,,
-i d8
"
t1),„-4 Lu Fo ��
- ,, t,
116
4.1. L".c ke rt
?.03 tool .b ? L ow, O
� 603
+
0� uc�a. e )dc"`:a,avq
Welr�
(1.,e
ma/r
o�4-78/ Ir,� 1J s`"
`� � � 9 0 {'Z
/
�a Q . Ar'i- Y','LOVI' i��YYI � c..-,
y
L.i ....,Pc7l
cg
f- di. -9 ook
33oci- alb' 16.b.,a k,u
tali) we cYJrai at 1,I
Luaxd
ea attri 6tww(
13100 1401 39j 6-tattycorc
Ylraol-n ®vuu-loct.. cc n
u ), Aft,
:,rw
Lts
4gt/iij .@7vre- /✓
;Y7S/ c a R Y if vOS�+ c G
G41$1,14.4.vC@rccv.r� . Ga,s
wts2/J
yecs
4-101/10 ( . J u cv
oOV (P7 A- (vim�/ Co
u- No P P O
�ej
y
t'r' w 1:)w hewn
SA 6 0....., st CAF e.0,C Co �
.. s C r r
4 q �.� (o � ��e/1P rn,,,
Undebr
Y
.F
i— ., f 1.c cy ,e6(
l 3 ? /� /lay � c&''l'gr
r , reni- wnz , '1,4,
i<ii i
Nr,
ATTENDANCE LIST
2�2f 1ZLl Z
NAME - PLEASE PRINT LEGIBLY
LQQ ,(
Lr I s La' n b10 )
1Q,itt
/3 3 / 3'72 G{l j
itka
Hello