HomeMy WebLinkAbout20233159.tiffHEARING CERTIFICATION
DOCKET NO. 2023-77
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR23-0033, FOR A 1.5 MW SOLAR ENERGY FACILITY (SEF) IN THE
A (AGRICULTURAL) ZONE DISTRICT - JOHN SCOTT BYRNES TRUST,
C/O CBEP SOLAR 28, LLC
A public hearing was conducted on November 8, 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
Assistant County Attorney, Karin McDougal
Department of Planning Services representative, Maxwell Nader
Department of Public Health and Environment representative, Lauren Light
Department of Planning Services, Development Review, Melissa King
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 John Scott Byrnes Trust, c/o CBEP Solar 28, LLC, for a Site Specific Development
Plan and Use by Special Review Permit, USR23-0033, for a 1.5 MW Solar Energy Facility (SEF)
in the A (Agricultural) Zone District. Karin McDougal, Assistant County Attorney, made this a
matter of record.
in Maxwell Nader, Department of Planning Services, presented a brief summary of the proposal,
described the sign posting, and relayed Notice was sent to six (6) surrounding property owners
(SPOs), and no responses were returned. He shared, per the Development Review staff, access
is proposed onto County Road (CR) 13, a Commercial Access Permit for a location that meets
the minimum access spacing criteria will be applied for, and this portion of CR 13 is a local, gravel
road which requires 60 feet of right-of-way. He relayed traffic information submitted with the
application indicates construction traffic will be 15 round trips per day, of which three (3) may be
heavy duty trucks, and operation traffic will be two (2) passenger vehicle round trips per week.
Mr. Nader stated a Road Maintenance Agreement is requested for construction, including, but not
limited to, dust control and damage repair to specified haul routes. He explained a Preliminary
Drainage Report, and an acceptable Final Drainage Report and Certificate of Compliance,
completed by a Colorado licensed professional engineer shall be submitted. He shared the site
is not located within a three (3) mile referral area or a Coordinated Planning Agreement boundary
of any municipality, and Larimer County's referral was returned with no comments. He displayed
Cc: PL (ER/MW/c6/MWIoR)
01/24 /24
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HEARING CERTIFICATION - JOHN SCOTT BYRNES TRUST, C/O CBEP SOLAR 28, LLC
(USR23-0033)
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the location of surrounding USRs, 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 because no employees
will be located at the site, screened, portable toilets are acceptable during construction. She
relayed a Dust Abatement Plan was submitted, which indicated water will be used during
construction, and revegetation or chemical methods will be utilized during operation, along with
sheep for vegetation control. Ms. Light stated a Noise Study was conducted by Kimley/Horn which
concluded sound levels will remain below the allowable levels. She shared Environmental Health
has eight (8) Development Standards (DS) to be adhered to and there are no outstanding items
with the request.
Melissa King, Development Review, stated she is available for any questions.
Brysen Daughton, CBEP Solar 28, LLC, presented a slideshow of the history of Cloud Break
(Exhibit D) and explained how the company develops electricity along the Xcel grid, as well as
their goal of giving back to local communities. He clarified the solar maintenance team will be at
the site approximately two (2) to four (4) times per year and explained their process of choosing
locations, as well as the sheep grazing. Mr. Daughton stated this project, dubbed the Saddleback
Solar Project, is a nine (9) acre project, which will have the capacity to power roughly 500 homes
in the county. He relayed the site has no water or agricultural production, depicted the location of
the inverters, and explained the results of the Noise Study. In response to Commissioner Ross,
Mr. Daughton stated the distance of the home to the southwest is beyond the 500 -foot limit, and
Mr. Nader relayed it is approximately 750 feet from the site location. In response to
Chair Freeman, Mr. Daughton stated they are waiting to contract with Xcel. In response to
Commissioner Buck, Mr. Daughton confirmed water trucks will be used to irrigate vegetation.
No public testimony was offered concerning this matter.
In response to Commissioner Ross, Mr. Daughton stated maps of the Xcel lines that will be
tied into for this project can be submitted, relaying the cutoff of a project location is under five (5)
miles from the substation. 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 have reviewed, and agreed to
abide by, the Conditions of Approval and Development Standards, as presented.
Commissioner Ross moved to approve the request of John Scott Byrnes Trust,
c/o CBEP Solar 28, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR23-0033, for a 1.5 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. PA: In response to Chair Freeman, Mr. Nader confirmed a Use by Special
Review (USR) will expire within three (3) years if development has not commenced, as noted in
2023-3159
PL0181
HEARING CERTIFICATION - JOHN SCOTT BYRNES TRUST, C/O CBEP SOLAR 28, LLC
(USR23-0033)
PAGE 3
Development Standard #3. There being no further discussion, the motion carried unanimously
and the hearing was completed at 10:43 a.m.
This Certification was approved on the 22nd day of November, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dat444) j a.;,A
Weld County Clerk to the Board
Deputy Clerk to the Board
Miles eeman, Chair
Lori Saine
2023-3159
PL0181
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