HomeMy WebLinkAbout20232834.tiffHEARING CERTIFICATION
DOCKET NO. 2023-65
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR23-0022, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS
AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT -
MICHAEL MORGAN, C/O CBEP SOLAR 15, LLC
A public hearing was conducted on October 4, 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 - EXCUSED
Also present:
Acting Clerk to the Board, Jan Warwick
Assistant County Attorney, Karin McDougal
Department of Planning Services representative, Kim Ogle
Department of Public Health and Environment representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated August 15, 2023, and duly published
August 18, 2023, in the Greeley Tribune, a public hearing was conducted to consider the request
of Michael Morgan, c/o CBEP Solar 15, LLC, for a Site Specific Development Plan and Use by
Special Review Permit, USR23-0022, for a Solar Energy Facility (SEF) outside of subdivisions
and historic townsites in the A (Agricultural) Zone District. Karin McDougal, Assistant County
Attorney, made this a matter of record.
El Chair Freeman reviewed the procedures to follow should this case result in a tie vote due to
four (4) Commissioners being present and Commissioner Saine being excused.
El Kim Ogle, Department of Planning Services, presented a brief summary of the proposal,
described the sign posting and the location of the site, and he explained the site is located within
the three (3) mile referral area of the Town of Milliken, and the Cities of Evans and Greeley, as
well as the Coordinated Planning Agreement area of the City of Evans and Town of Milliken. He
relayed the City of Evans returned their Notice of Inquiry (NOI) form, commenting while the
property is within the City of Evan's Urban Growth Boundary, it is approximately 0.5 miles west of
lands annexed into the municipal limits and is located on the west side of Two Rivers Parkway,
thus, they will not seek annexation. Additionally, the city's 2022 Community Master Plan Future
Land Use Map designates the parcel as residential urban, with a mixed use component adjacent
to County Road (CR) 54, and a Neighborhood Center within the section, and he described the
uses listed in the Community Master Plan. He explained the site is also located within the City of
Greeley's Long Range Expected Growth Area, wherein annexation and urban development will
occur if sanitation and utility services are provided, in the future. He described surrounding uses,
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HEARING CERTIFICATION - MICHAEL MORGAN, C/O CBEP SOLAR 15, LLC (USR23-0022)
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and stated eight (8) surrounding property owners were Noticed; however, no responses were
received. Mr. Ogle relayed a neighborhood meeting was held, with no attendees. He shared, per
the Development Review staff, access is onto County Road (CR) 27, which is a local gravel road
with 60 feet of right-of-way and meets the minimum access spacing criteria for an Access Permit.
He relayed no recent traffic counts are available for this location; however, the traffic information
submitted by the applicant reflects construction traffic will be 25 round trips per day, of which
five (5) may be heavy-duty trucks, and operation traffic will be approximately four (4) vehicle trips
per year. He stated a Road Maintenance Agreement for construction, including, but not limited to,
dust control and damage repair to specified haul routes, will be required, and explained the
applicant has submitted an acceptable Drainage Report in which a stormwater detention
exception is cited. Mr. Ogle relayed the site will be visited bi-annually for routine maintenance of
equipment and vegetation; area lighting is not proposed. He described landscaping and
screening, explaining a waiver of effected property owners, within 500 feet of the site, will be
required or a double row of rocky mountain juniper will be planted for screening, along with a
seven (7) -foot tall game fence. Mr. Ogle entered the favorable recommendation of the Planning
Commission into the record, as written, and displayed images of the site and surrounding views.
Lauren Light, Department of Public Health and Environment, stated screened portable toilets
are acceptable for construction, and a Dust Abatement Plan was submitted which indicates water
will be utilized, during construction, and revegetation or chemical methods will be used during
operation. She relayed a Noise Study was completed which determined sound levels remain
below the allowable limits during daytime hours. She further stated Environmental Health has
eight (8) Development Standards (DS) which shall be adhered to, and there are no outstanding
items with the request.
Zach Brammer, CBEP Solar 15, LLC, explained this project will be known as the Sheep Draw
Community Project, described the history and use of a solar garden through a PowerPoint
presentation, and elaborated on the energy output of the site. He explained the applicant will
utilize sheep for grazing, choosing solar as the best use of his property, since he has been leasing
water from the City of Greeley, and the water saved from the site location will be utilized for the
other half of the property. He explained the Noise Analysis, which meets the requirements of the
Weld County Code, and pointed out the location of the inverters and transformers.
'' Michael Morgan, applicant, relayed he purchased land from the descendants of
homesteaders, who had farmed the land since the late 1970s. He explained they previously sold
the water to Denver, then leased water from Greeley, placing a pivot on the land; however, the
agricultural operation does not cover the taxes. Mr. Morgan state he has found no interest in other
farmers taking over the land, and he believes after 2026, the land will go dry. He described
surrounding uses and the issues of noise and smells associated with those uses, and pointed out
the location of the SunCorp pipeline that runs north and south along the east side of the site. He
reiterated all the water utilized on this land is leased from the City of Greeley, his Lessee farms
approximately 600 acres, and he explained his reasons for purchasing the property.
No public testimony was offered concerning this matter.
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HEARING CERTIFICATION - MICHAEL MORGAN, C/O CBEP SOLAR 15, LLC (USR23-0022)
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El In response to Commissioner Ross, Mr. Brammer explained their process for inviting
neighbors to attend neighborhood meetings. Mr. Morgan stated he has spoken to all the
neighbors.
In response to Commissioner Ross, Mr. Brammer confirmed this applicant is waiting on the
approval of Xcel Energy. The Board reviewed the Conditions of Approval and Development
Standards, and no changes or corrections were made. In response to Commissioner Ross,
Mr. Ogle acknowledged waivers will have to be obtained from neighbors in regard to the
Screening Plan.
El In response to Chair Freeman, Mr. Brammer indicated they have reviewed, and agreed to
abide by, the Conditions of Approval and Development Standards, as presented.
'.! Commissioner Buck moved to approve the request of Michael Morgan, c/o CBEP Solar 15,
LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR23-0022, for
a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural)
Zone District, based on the recommendations of Planning staff and the Planning Commission,
with the Conditions of Approval and Development Standards, as presented. The motion was
seconded by Commissioner James. = Chair Freeman stated, since this site only has leased
water, it is borderline whether it is taking agricultural land out of production; therefore, on this one,
he would be in support. Commissioner Ross echoed the Chair's sentiments, added the Cities of
Evans and Greeley did not object to the proposal, and commended Mr. Morgan for reaching out
to the neighbors. There being no further discussion, the motion passed unanimously, and the
hearing was completed at 10:48 a.m.
This Certification was approved on the 18th day of October, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: C.l..,Gto;
Weld County Clerk to the Board
BY a • uAA,1)
Deputy Clerk to the Board
Mik- -eman, Chair
Pro-Tem
t K. James
vin D. Ross
XCUSED
Lori Saine
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