HomeMy WebLinkAbout20230071.tiffEXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
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JA
LISwa. - •oat
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Palizzi, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR22-0027
APPLICANT: CBEP LAND 2, LLC; C/O CBEP SOLAR 2, LLC AND CBEP SOLAR 8. 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 (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 64. APPROXIMATELY 1.320 FEET EAST OF
CR 43.
be recommended favorably 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.B 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 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."
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
RESOLUTION USR22-0027
CBEP LAND 2, LLC, C/O CBEP SOLAR 2, LLC AND CBEP SOLAR 8, LLC
PAGE 2
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 perm table 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
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
RESOLUTION USR22-0027
CBEP LAND 2, LLC, C/O CBEP SOLAR 2, LLC AND CBEP SOLAR 8, LLC
PAGE 3
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 - Muniapal
Separate Storm Sewer System area,,Histonc 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 A6 -- 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 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, Sony 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 durin'g1or 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 Planning Commission 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)
RESOLUTION USR22-0027
CBEP LAND 2, LLC, C/O CBEP SOLAR 2, LLC AND CBEP SOLAR 8, LLC
PAGE 4'
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)
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)
I 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 Show 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 traders, 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
RESOLUTION USR22-0027
CBEP LAND 2, LLC, C/O CBEP SOLAR 2, LLC AND CBEP SOLAR 8, LLC
PAGE 5
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
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 df 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)
RESOLUTION USR22-0027
CBEP LAND 2, LLC, C/O CBEP SOLAR 2, LLC AND CBEP SOLAR 8, LLC
PAGE 6
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)
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)
Motion seconded by Sam Gluck
VOTE
For Passage
Elijah Hatch
Sam Gluck
Michael Wailes
Michael Palizzi
Shana Morgan
Against Passage Absent
Skip Holland
Butch White
Pamela Edens
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings ,
CERTIFICATION OF COPY
I, Michelle Wall, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on December 6, 2022
Dated the 6. day of December, 2022
r W
Michelle Wall
Secretary
RESOLUTION USR22-0027
CBEP LAND 2, LLC, C/O CBEP SOLAR 2, LLC AND CBEP SOLAR 8, LLC ,
PAGE 7
SITBSPECIFIC DEVELOPMENT PLAN
' USE BY SPECIAL REVIEW'PERMIT
DEVELOPMENT_ STANDARDS
• Cloud Break Energy Partners
USR22-0027
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 (f)gricultural) 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 Limitedmaintenance 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) ,
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
c (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)
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)
RESOLUTION USR22-0027
CBEP LAND 2, LLC, C/O CBEP SOLAR 2, LLC AND CBEP SOLAR 8, LLC
PAGE 8
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)
J
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, oFthe 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)
26 Weld County is not responsible for the maintenance of onsite drainage related features (Development
Review)
I
27 The historical flow patterns and runoff amounts on the site will be maintained (Development Review)
RESOLUTION USR22-0027
CBEP LAND 2, LLC, C/O CBEP SOLAR 2, LLC AND CBEP SOLAR 8, LLC
PAGE 9
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
1
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 maybe open and spacious, 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
RESOLUTION USR22-0027
CBEP LAND 2, LLC, C/O CBEP SOLAR 2, LLC AND CBEP SOLAR 8, LLC
PAGE 10
I
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
c
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
.O
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
EXHIBIT
s�aa-ooa�
Tuesday, December 6, 2022
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair.
Elijah Hatch, at 12:31 pm.
Roll Call.
Present: Elijah Hatch, Sam Gluck, Michael Wailes, Michael Palizzi, Shana Morgan.
Absent: Skip Holland, Butch White, Pamela Edens.
Also Present: Kim Ogle, Diana Aungst, Michael Hall, Maxwell Nader, and Jim Flesher. Department of
Planning Services: Lauren Light, Department of Environmental Health; Karin McDougal, County Attorney,
and Michelle Wall, Secretary.
Motion: Approve the November 1, 2022, Weld County Planning Commission minutes. Moved by Michael
Wailes. Seconded by Sam Gluck. Motion passed unanimously.
CASE NUMBER:
APPLICANT
PLANNER:
REQUEST:
LEGAL DESCRIPTION
LOCATION:
USR22-0027
CBEP LAND 2. LLC; CIO CBEP SOLAR 2, LLC AND CBEP SOLAR 8. LLC
KIM OGLE
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 (AGRICULTURA) ZONE DISTRICT.
PART OF THE W2 OF SECTION 34, T6N. R65W OF THE 6TH P M., WELD
COUNTY, COLORADO.
SOUTH OF AND ADJACENT TO CR 64; APPROXIMATELY 1,320 FEET EAST
OF CR 43
Kim Ogle, Planning Services, presented Case USR22-0027, reading the recommendation and comments
into the record The property is within 500 feet of 14 parcels, with 6 homes. with the solar facility footprint
located within five hundred feet of 4 homes, specifically west of and north of the solar facility footprint. As
part of the application process. Weld County provided notice to these property owners. and no responses
were received. The Department of Planning Services recommends approval of this application along with
conditions of approval and development standards.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Zach Brammer, 408 Melba Road. Sterling, Colorado. Mr. Brammer explained that the Bickling Solar
Projects will consist of 2 projects: 1 MWac and a 2.375 MWac. The solar projects will be on approximately
17 acres of a 40.13 -acre property. He said that both projects combined together will produce enough
electricity 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 a native dry land seed mixture.
He said sheep will be brought on the property about once a year.
Commissioner Palizzi reiterated with the applicant that the project would save 1,100 consumers 5 to 10
percent on their electricity. not 1,100 homes at 100 percent coverage. Mr. Brammer said that is correct.
The Chair asked Mr. Brammer who holds the surety bonds and how does the applicant know that company
will still be in business after 20 to 50 years. Mr. Brammer explained that they use creditable insurance
companies, and the policies have to be updated every 5 years.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Barb Hetzel, 22573 County Road 49, LaSalle, Colorado. Ms. Hetzel asked with all the solar facilities going
up, how do they know there will be enough people to buy into the program with only a 5 to 10 percent
savings.
Linda Beng, 21389 County Road 62, Greeley, Colorado Ms Beng asked how the project would affect her
property values She said she has worked two jobs in order to live in a home in the country and does not
wish to look at solar panels Ms Beng said she is concerned about solar fires that could endanger her
property
Chris Garcia, 21389 County Road 62, Greeley, Colorado Mr Garcia said he was concerned losing their
view to the west He said his dog likes to run through the corn field and said if there are sheep on the
property then his dog won't be able to
Mr Brammer addressed the public concerns He said the area where the project will be located is about
2500 feet away from the neighbor's fence line and doesn't think they will be able to see it or hear it He
said they don't plan on doing anything with the bottom 35 acres, so the dog should be able to continue
running through the field
Mr Brammer said they will not be using batteries on the solar panels The fire risk is low by not using
batteries The solar panel units are designed to shut down if they get too hot
The Chair asked if the native grass will be planted on the entire property Mr Brammer replied that it will
for sure be planted in the project area and most likely the whole property
Mr Brammer addressed the concern about property values Her said there has been quite a few studies
' done which have shown no negative impact to adjacent properties
Mr Brammer said that users of the service do not have to put any money down, they just have to subscribe
to the service to receive discount on their electricity He said they have not had any issues with getting
enough subscription users
1
Commissioner Gluck asked what kind of fence will be put up Mr Brammer replied that there will be a 6 -
foot wood fence around the project area, not the entire property There will be a 7 -foot security fence
around the solar panels
The Chair asked the applicant if they have read through the Development Standards and Conditions of ,
Approval and if they are in agreement with those The applicant replied that they are in agreement
Motion Forward Case USR22-0027 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Michael Palizzi, Seconded by Sam Gluck
Vote Motion carried by unanimous roll call vote (summary Yes = 5)
Yes Elijah Hatch, Michael Palizzi, Michael Wailes, Sam Gluck, Shana Morgan
The Chair asked the public if there were other items of business'that they would like to discuss No one
wished to speak
The Chair asked the Planning Commission members if there was any new business to discuss No one
wished to speak
Meeting adjourned at 3 06 pm
Respectfully submitted,
Michelle Wall
Secretary
1
/
PLANNING COMMISSION ATTENDANCE RECORD
Date
NAME
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