HomeMy WebLinkAbout20230799.tiffHEARING CERTIFICATION
DOCKET NO. 2023-21.A
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR23-0005, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS
AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT -
KENNETH HARRING, CIO CBEP SOLAR 6, LLC
A public hearing was conducted on March 22, 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, Jess Reid
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 February 15, 2023, and duly published
February 17, 2023, in the Greeley Tribune, a public hearing was conducted to consider the
request of Kenneth Harring, c/o CBEP Solar 6, LLC, for a Site Specific Development Plan and
Use by Special Review Permit, USR23-0005, 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.
''..' Kim Ogle, Department of Planning Services, presented an email dated March 17,
2023 (Exhibit E), requesting a continuance to May 3, 2023, to allow the applicants more time to
address the concerns of surrounding property owners (SPOs).
Zach Brammer, Cloudbreak Energy Partners, represented the applicant and stated there was
opposition at the Planning Commission hearing, which they had not anticipated, and a
continuance would allow them adequate time to address the concerns of the SPOs, as well as
hold a community meeting.
Sharon Miller, SPO, requested the Board deny the request for a continuance, based on the
number of SPOs present at the hearing, and expressed she did not believe there was anything
the applicant could do, between now and May 3, 2023, to change the SPOs' minds.
Commissioner James reminded those in attendance that the Board is not accepting public
comment on the case itself, only the request for a continuance.
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2023-0799
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HEARING CERTIFICATION - KENNETH HARRING, C/O CBEP SOLAR 6, LLC (USR23-0005)
PAGE 2
Brenda Fisher, SPO, stated the applicant should have requested a continuance sooner so
the SPOs had more advanced notice and did not have to show up for today's hearing.
Nolan Stone represented his in-laws and stated the continuance should be denied. He
asserted the plot of land is not large enough to reposition the solar panels in such a way that
makes a difference to the SPOs.
Mickey Hatchell, SPO, requested the Board deny the request for a continuance.
El In response to Commissioner James, Mr. Brammer explained a continuance would allow
them to explore re -designing the site to move the noisiest pieces of equipment away from the
neighbors, create 3D visualization, which would depict the SPOs' views of the facility, and obtain
a noise analysis to determine the impact the SEF will have on the area. Responding to
Chair Freeman, Mr. Brammer indicated the noise from the facility is a humming noise caused by
the inverter. He confirmed for Commissioner Ross they had not held a community outreach
meeting to date and Commissioner Saine stated she is in support of a continuance.
Commissioner Saine moved to continue the matter to May 3, 2023, at 10:00 a.m., to allow
the applicant more time to address the concerns of SPOs. The motion was seconded by
Commissioner James. Commissioner Ross expressed frustration that the applicant had not
previously reached out to the community for feedback, and Commissioner James thanked the
public for coming and stated he is in support of a continuance because he believes the applicant
is trying to make improvements to the proposal prior to the next hearing. Chair Freeman reiterated
Commissioner Ross' sentiments and Commissioner Saine indicated she wanted to be consistent
with past continuance requests and reiterated she supported the continuance. In response to
Chair Freeman, Ms. McDougal confirmed the Board has historically granted continuances when
there have been concerns by SPOs that the applicant wanted to address, but relayed the decision
is at the Board's discretion. The motion passed on a roll call vote of three (3) to two (2), with
Commissioners Ross and Buck opposed, and the hearing was completed at 10:19 a.m.
2023-0799
PL2862
HEARING CERTIFICATION - KENNETH HARRING, C/O CBEP SOLAR 6, LLC (USR23-0005)
PAGE 3
This Certification was approved on the 5th day of April, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddea,„;„k
Weld County Clerk to the Board
BY:
puty Clerk to the Board
Mik- ___ =eman, Chair
Per . Bu • , Pro-Tem
Sctt K. James
Kevin D. Ross
Lori Saine
2023-0799
PL2862
ATTENDANCE LIST
3-22-23
NAME - PLEASE PINT. LEGIBLY
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