HomeMy WebLinkAbout20233180.tiffHEARING CERTIFICATION
DOCKET NO. 2023-76
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR23-0032, FOR A 7.5 MW SOLAR ENERGY FACILITY (SEF) IN THE
A (AGRICULTURAL) ZONE DISTRICT - MCKEE RANCH, LLLP, C/O CBEP SOLAR 16,
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
Deputy 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 McKee Ranch, LLLP, c/o CBEP Solar 16, LLC, for a Site Specific Development Plan
and Use by Special Review Permit, USR23-0032, for a 7.5 MW Solar Energy Facility (SEF) in the
A (Agricultural) Zone District. Karin McDougal, Deputy County Attorney, made this a matter of
record.
Maxwell Nader, Department of Planning Services, presented a brief summary of the proposal,
and explained the proposed screening plan and the sheep grazing plan. He stated during
operation two (2) to four (4) employees will visit the site for maintenance and described the sign
posting. He relayed Notice was sent to 12 surrounding property owners (SPOs), no responses
have been received, a neighborhood meeting was held at the Greeley Recreation Center, two (2)
SPOs attended, and items discussed included impacts on property values and screening. He
shared, per the Development Review staff, access is proposed onto County Road (CR) 37, which
is a paved, collector road which requires 80 feet of right-of-way, and the applicant shall obtain an
access permit for a location that meets the minimum access spacing criteria. He relayed the
recent traffic count reflected 2,567 vehicles per day, with 12% trucks, and traffic information
submitted with the application materials indicates the construction traffic will be 25 round trips per
day, of which five (5) may be heavy duty trucks, and the operation traffic will be two (2) passenger
vehicle round trips per week. He explained the applicant is required to enter into a Road
Maintenance Agreement for construction, including, but not limited to, dust control and damage
repair to specified haul routes, and they shall submit an acceptable Final Drainage Report and
certificate of compliance, stamped, and signed by a Colorado professional engineer. He shared
CC. PL (ER/M1J/CG/M W/DA)
01/24 /24
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the site is located within the three (3) mile referral area of the City of Greeley and Town of Eaton.
The City of Greeley stated the property is located within their Long Range Expected Growth Area
and is identified as Urban Reserve, thus Development Code chapters were outlined concerning
setbacks and landscaping that would apply if the project were annexed into the City of Greeley.
He reviewed surrounding uses, and noted the site is located just outside the Town of Eaton Urban
Growth Boundary area. Mr. Nader 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. Nader confirmed the Town of Eaton did not return a
Referral response.
El Lauren Light, Department of Public Health and Environment, stated no full-time employees
will be located at the site, therefore, screened, portable toilets are acceptable during construction.
She explained the applicant submitted a Dust Abatement Plan, which indicated water would be
used during construction, and revegetation or chemical methods during operation. She explained
sheep will be used for vegetation control and a Noise Study was conducted by Kimley/Horn which
concluded sound levels will remain below the allowable noise level. She stated the department
has eight (8) Development Standards which shall be adhered to and there are no outstanding
items with this request.
Melissa King, Department of Planning Services, Development Review, noted during the
Planning Commission hearing there was some discussion regarding drainage, and she was
available for any questions.
Brysen Daughton, CBEP Solar 16, LLC, stated this site, known as the McKee Ranch Solar
Project, is located outside of the Town of Eaton's Future Planning Area, has no water rights and
is hard to farm; therefore, leasing is the best use scenario for the land. He explained the direction
the panels will be installed, stated access will be off of County Road (CR) 37, setbacks are in
place working with a local oil and gas facility, and they will be building an eight (8) foot tall berm
on the northwest portion of the parcel. Mr. Daughton read a letter in support of the project, added
as Exhibit E. In response to Commissioner Buck, Chair Freeman confirmed the site is a 40 -acre
solar energy project on 54 acres of land.
Clara McKee, property owner, expressed her desire for the lease with CBEP as an alternative
to the property just drying up.
El Maxwell Nader, Department of Planning Services, clarified his earlier referral statement and
relayed the Town of Eaton did respond, via a letter, and attended the Planning Commission
hearing, speaking in opposition of the proposal.
El The Board reviewed the Conditions of Approval and Development Standards, and no
changes or corrections were made. In response to Chair Freeman, Mr. Nader reiterated this site
is located within the limits of the City of Greeley's Comprehensive Plan Area and identified as
`Urban Reserve' on their Long Range Expected Growth Area, and they outlined Development
Code chapters concerning setbacks and landscaping, if the property was annexed into the City
of Greeley. In response to Commissioner Ross, Mr. Nader confirmed the City of Greeley's
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setbacks are in line with Weld County standards. He explained the City is not in opposition, they
merely commented.
te Commissioner James moved to approve the request of McKee Ranch, LLLP,
do CBEP Solar 16, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR23-0032, for a 7.5 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 Development Standards, as presented. The motion was seconded by
Commissioner Saine. Commissioner James commented this request falls within the current code
requirements; however, this is a subject the Board should review in assessing Coordinated
Planning Agreements with local municipalities, taking time to measure the collective impact of
solar energy projects. Commissioner Ross stated he believes there should be cognizant
recognition of Urban Growth Boundaries of surrounding municipalities. Chair Freeman stated he
believes the County should make every attempt to stay out of the municipalities' Comprehensive
Plan boundaries. There being no further discussion, the motion carried unanimously, and the
hearing was completed at 11:06 a.m.
This Certification was approved on the 22nd day of November, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dottilo ;
Weld County Clerk to the Board
Deputy Clerk to the Boa
Lori Saine
2023-3180
PL2734
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