HomeMy WebLinkAbout20233537.tiff HEARING CERTIFICATION
DOCKET NO.2023-79
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND MAJOR AMENDED USE BY SPECIAL
REVIEW PERMIT, 1MJUSR23-22-0027, FOR A SOLAR ENERGY FACILITY (SEF)
OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE
A(AGRICULTURAL)ZONE DISTRICT-CBEP LAND 2,LLC,C/O CBEP SOLAR 9,LLC,
AND ECA CO LEAD
A public hearing was conducted on December 13,2023,at 10:00 a.m.,with the following present:
Commissioner Mike Freeman,Chair—EXCUSED
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
Deputy 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 October 17, 2023, and duly published
October 20,2023,in the Greeley Tribune,a public hearing was conducted to consider the request
of CBEP Land 2, LLC, c/o CBEP Solar 9, LLC, and ECA CO Lead, for a Site Specific
Development Plan and Major Amended Use by Special Review Permit,1 MJUSR23-22-0027,for
a Solar Energy Facility(SEF)outside of subdivisions and historic townsites in the A(Agricultural)
Zone District.Karin McDougal,Deputy County Attorney,made this a matter of record.
Chair Pro-Tem Buck reviewed the procedures to follow should this case result in a tie vote
due to four(4)Commissioners being present and Chair Freeman being excused.
Kim Ogle,Department of Planning Services,presented a brief summary of the proposal,and
described the sign posting and location of the site. He relayed the site is located within the
three(3)mile referral area of the City of Greeley,and the Coordinated Planning Agreement area
of the Town of Kersey,2016 Comprehensive Plan and Land Use Guidance Map identified the
proposed SEF within the defined boundary of the Northeast Industrial Area.Additionally,the Town
of Kersey Comprehensive Plan delineates the Kersey Influence Area extending to County Road
(CR)62,and the property is located on CR 66 and is,therefore,outside the boundary.He stated
the City of Greeley's Referral stated the subject site is located within Greeley's Long Range
Expected Growth Area,and the City of Greeley has not yet established regulations regarding
solar facilities. He described surrounding Uses, relayed staff sent Notice to 13 surrounding
property owners(SPOs)and reported one(1)call was received with questions regarding the
facility.He shared,per the Development Review staff,access is proposed onto CR 64,which is
cc:pi_(ER/MIJ/Ko/DA/MN!/KR) 2023-3537
.2A4.121-1 PL2852
HEARING CERTIFICATION - CBEP LAND 2, LLC, C/O CBEP SOLAR 9, LLC,
AND ECA CO LEAD(1 MJUSR23-00-0027)
PAGE 2
a paved,local road which has 60 feet of right-of-way.He relayed the most recent traffic counts
found the annual average daily traffic to be 112 vehicles per day,with 14%being trucks,and the
85th percentile speed is 53 mph.He explained submitted information indicates traffic will be ten
(10)to 15 vehicles per day,of which three(3)may be heavy vehicles,and operation traffic will be
one (1) vehicle per week. He stated a Road Maintenance Agreement is requested for
construction,including,but not limited to,dust control and damage repair to the specified haul
route,and a Final Drainage report is required prior to recording the USR map.He described the
prior two(2)SEFs which will be combined with this request.Mr.Ogle relayed the property is
currently vacant land with no irrigated agriculture or water rights,it was previously used for oil and
gas production,and a Decommission and Reclamation Plan was submitted,which has been
accepted by staff.He stated a permanent Dry-Up Covenant and Easement has been recorded,
which conditions restrict the use of any water on the property,the current owner continues to
maintain the dry-land,native grasses and will continue,as required,for revegetation purposes,
per covenant.Mr.Ogle 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 Ross,Mr.Ogle confirmed the Dry-Up Agreement date of 2012.
El Lauren Light,Department of Public Health and Environment,explained with no employees
located at the site,permanent water and sewer is not required,and screened portable toilets are
acceptable during construction. She stated a Dust Abatement Plan was submitted, which
indicated water will be used during construction,and revegetation or chemical methods will be
utilized during operation,as well as sheep for vegetation control.She relayed a Noise Study by
Kimley Horn was submitted, which determined noise mitigation measures are not needed.
Ms.Light stated staff has eight(8)Development Standards(DS)to be adhered to and there are
no outstanding items with the request.
Brysen Daughton,CBEP Solar,presented a slide show(marked as Exhibit D),providing
history of the company and the benefits of a SEF, he described the Sand Creek 1 and 2
Community Solar Projects, and the location and proposed site plan. He relayed a Road
Maintenance Agreement will be instituted,and described the screening plan that will run along
the northern border of the facility.In response to Commissioner Ross,Mr.Daughton detailed the
construction process and the vegetation process.
No public testimony was offered concerning this matter.
El In response to Commissioner Ross,Mr.Ogle stated one(1)call from an interested party was
received.The Board reviewed the Conditions of Approval and Development Standards,and no
changes or corrections were made.
In response to Chair Pro-Tem Buck,Mr.Daughton indicated they have reviewed,and agreed
to abide by,the Conditions of Approval and Development Standards,as presented.
e. Commissioner Ross moved to approve the request of CBEP Land 2,LLC,c/o CBEP Solar 9,
LLC,and ECA CO Lead,for a Site Specific Development Plan and Major Amended Use by
Special Review Permit, 1MJUSR23-22-0027, for a Solar Energy Facility (SEF) outside of
2023-3537
PL2852
HEARING CERTIFICATION - CBEP LAND 2, LLC, C/O CBEP SOLAR 9, LLC,
AND ECA CO LEAD(1 MJUSR23-00-0027)
PAGE 3
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,
who stated his concern of impacts of solar facilities in the county and their visual mitigation,
Commissioner Saine responded with an objection to the comment during this quasi-judicial
setting.The motion carried unanimously.There being no further discussion,the hearing was
completed at 10:18 a.m.
This Certification was approved on the 27th day of December,2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
ATTEST: daiyuki ;dz EXCUSED
Mike Freeman,Chair
Weld County Clerk to the Board
B . ,rn tAi erry L.Bu;,Pro-Tem
G(J I „
Deputy Clerk to the Board %'1�,SED DATE OF APPROVAL
.James
vi .Ross
rip, CUSED DATE OF APPROVAL
Lori Saine
2023-3537
PL2852
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