HomeMy WebLinkAbout20233010.tiffHEARING CERTIFICATION
DOCKET NO. 2023-74
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR23-0030, FOR A 3.6 MW SOLAR ENERGY FACILITY (SEF) IN THE
A (AGRICULTURAL) ZONE DISTRICT - LOUIS AND GINA FABRIZIUS,
C/O CBEP SOLAR 30, LLC
A public hearing was conducted on October 18, 2023, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Perry L. Buck, Pro-Tem
Commissioner Scott K. James
Commissioner Kevin D. Ross
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jan Warwick
County Attorney, Bruce Barker
Department of Planning Services representative, Chris Gathman
Department of Public Health and Environment representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated September 12, 2023, and duly published
September 15, 2023, in the Greeley Tribune, a public hearing was conducted to consider the
request of Louis and Gina Fabrizius, c/o CBEP Solar 30, LLC, for a Site Specific Development
Plan and Use by Special Review Permit, USR23-0030, for a 3.6 MW Solar Energy Facility (SEF)
in the A (Agricultural) Zone District. County Attorney, Bruce Barker, made this a matter of record.
Chris Gathman, Department of Planning Services, presented a brief summary of the proposal,
stated 16 referrals were sent out, seven (7) were received back, with comments, and four (4)
without comments. He described the site location and the solar equipment which will be installed,
the surrounding game fence and screening of rocky mountain junipers, one temporary
construction trailer and two (2) storage containers. He stated the nearest residence is 600 feet
southwest of the facility and described the surrounding Uses. Mr. Gathman relayed five (5)
surrounding property owners (SPOs) were sent notice, with no correspondence received back.
He stated the site is located within the three (3) mile referral area of the Town of Ault, who did not
reply to the referral, and explained the site is located outside of the Town of Ault's Future Land
Use Map planning area. He described the soils of the site, and noted the property owner has
provided an affidavit stating they have had to rent water for agricultural purposes, and the solar
array would allow the property owner to redistribute water to support the remaining agricultural
land. He explained a native seed mixture will be planted and sheep grazing is planned for
maintenance of vegetation. He relayed access is proposed onto State Highway 14, at an existing
driveway, west of the intersection with an unmaintained right-of-way for County Road 41, and
explained the Colorado Department of Transportation (CDOT) has jurisdiction over all accesses
to state highways and is requiring an access permit. He shared the applicant will submit a Final
Drainage Report and Certificate of Compliance, stamped and signed by a professional engineer
cc: PL. CrI'/ )ICl/Mw)
11/16/23
2023-3010
PL2893
HEARING CERTIFICATION - LOUIS AND GINA FABRIZIUS, C/O CBEP SOLAR 30, LLC
(USR23-0030)
PAGE 2
licensed in the state of Colorado. Mr. Gathman 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 James, Mr. Gathman confirmed CDOT is
requesting the applicant obtain an access permit. Responding to Commissioner Buck,
Mr. Gathman pointed out the location of the site and the nearest residence.
ti Lauren Light, Department of Public Health and Environment, explained, since no employees
will be located at the site, screened portable toilets are acceptable during construction. She
confirmed a Dust Abatement Plan was submitted stating water will be used during construction
followed by revegetation or chemical methods during operation or sheep for vegetation control,
and a Noise Study was completed showing sound levels remain below allowable levels during
daytime hours. She stated Environmental Health has eight (8) Development Standards (DS) to
be adhered to and there are no other items for the request.
Brysen Daughton, CBEP Solar 30, LLC, gave a short synopsis of the history of CBEP Solar,
explaining the number of homes in Weld County which could potentially be powered through their
projects, along with the definition of a solar garden and its means of providing for less expensive
electricity to Weld County residents. He explained the project will take three (3) to four (4) months
of construction, the contracts with Xcel Energy are 20 year contracts, and after 35 years, projects
are decommissioned, with a Decommission Bond provided to the County. He explained there will
be no permanent lighting on the site, only construction lights, and all solar panels are recyclable
and made with non -glare materials. He relayed they are working with CDOT for access onto State
Highway 14, explained no additional traffic will be generated, after construction, which will be
approximately ten (10) to 15 pickups per day, with one (1) to two (2) heavy duty vehicles for
hauling equipment, during regular operation. He stated there will be maintenance visits a couple
times a year, and the shepherd will be onsite, as needed. He relayed roads will be upgraded, as
needed, for equipment usage during construction, and a Road Maintenance Agreement with Weld
County will be entered into. He shared the focus and benefit of the system is the local power grid,
which upgrades the infrastructure from each individual project to the substations they connect to.
For example, a five megawatt (5MW) solar project could power 13 irrigation pivots, per hour, and
with the voltage issues, the increase of power helps the producers keep the farms running. He
discussed Agrivoltaics, the use of land for both agriculture and solar energy, described the sheep
grazing and the goal of keeping the pasture vegetation within 18 to 22 inches in height. In
response to Chair Freeman, Mr. Daughton confirmed they are waiting on a contract with Xcel for
this 23 -acre solar garden. He described the Lone Tree Creek Solar Project, relayed the location
of the inverter pads, which will remain below acceptable noise levels, and explained the vegetative
screening of Rocky Mountain Junipers.
el Louis Fabrizius, applicant, shared his farming history and experience. He explained the
projects will help alleviate voltage drops and shutdowns, which affect the yields of the produce,
as there is no replacement for lost irrigation time. In response to Commissioner Ross,
Mr. Fabrizius stated the two (2) pivots will be reworked; the north one will cover more ground than
what was previously able to be watered, and the south pivot will remain the same.
El No public testimony was offered concerning this matter.
2023-3010
PL2893
HEARING CERTIFICATION - LOUIS AND GINA FABRIZIUS, C/O CBEP SOLAR 30, LLC
(USR23-0030)
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El The Board reviewed the Conditions of Approval and Development Standards, and no
changes or corrections were made.
In response to Chair Freeman, Mr. Daughton indicated they had reviewed, and agreed to
abide by, the Conditions of Approval and Development Standards, as presented.
Commissioner James moved to approve the request of Louis and Gina Fabrizius,
do CBEP Solar 30, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR23-0030, for a 3.6 MW Solar Energy Facility (SEF) in the A (Agricultural) Zone District, based
on the recommendations of Planning staff and the Planning Commission, with the Conditions of
Approval and Develo ment Standards, as presented. The motion was seconded by
Commissioner Buck. P.A. Chair Freeman reiterated his struggle with SEFs, and stated he looks
at each application on a case -by -case basis and believes this one makes sense for the purposes
explained herein. A vote was taken, and it carried unanimously. There being no further discussion,
the hearing was completed at 11:31 a.m.
This Certification was approved on the 1st day of November, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditifet) W, 4,1
Weld CountyClerkto the Board
BY.
Deputy Clerk to the Board
Mikeman, Chair
Lori Saine
2023-3010
PL2893
ATTENDANCE LIST
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