HomeMy WebLinkAbout20230763.tiffRESOLUTION
RE: ACTION OF THE BOARD CONCERNING 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, C/O CBEP SOLAR 6,
LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 22nd day
of March, 2023, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Kenneth Harring, 5820 East County Road 1000, South Cloverdale, Indiana
46120, c/o CBEP Solar 6, LLC, P.O. Box 1255, Sterling, Colorado 80751, 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, on the
following described real estate, being more particularly described as follows:
Being part of the NW1/4 of Section 32,
Township 7 North, Range 65 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, on March 22, 2023, the Board heard all of the testimony and statements of
those present and reviewed the request of the applicant for a continuance and, having been fully
informed, continued the matter to May 3, 2023, at 10:00 a.m., to allow the applicant adequate
time to address the concerns of surrounding property owners, and
WHEREAS, at said hearing on May 3, 2023, the applicant was represented by
Zach Brammer, Cloudbreak Energy Partners, P.O. Box 1255, Sterling, Colorado 80751, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the unfavorable
recommendation of the Weld County Planning Commission and all of the exhibits and evidence
presented in this matter and, having been fully informed, finds that this request shall be DENIED
for the following reasons:
1. The applicant has NOT demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.2 — The proposed use IS NOT consistent with the intent
of the A (Agricultural) Zone District.
4922051 Pages: 1 of 3
09/22/2023 10:51 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
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2023-0763
PL2862
DENY SPECIAL REVIEW PERMIT (USR23-0005) - KENNETH HARRING, CIO CBEP SOLAR 6,
LLC
PAGE 2
1) Section 23-3-10 — Intent, states: "Agriculture in the County is
considered a valuable resource, which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the County."The proposal does not meet the
intent of the A (Agricultural) Zone District due to the fact the land is
irrigable and could still promote agriculture, as water is available to
rent/lease from the For Far Lateral, and the parcel is currently being
used for an agricultural use. Additionally, there is concern that the
use could negatively affect surrounding agricultural parcels, due to
the potential spread of Catarrhal Fever to nearby livestock. The
Residential Well Permit is insufficient to support the proposed use
of watering livestock and establishing trees and landscaping on the
parcel.
B. Section 23-2-230.B.3 — The uses which are proposed are NOT compatible
with the existing surrounding land uses, as the uses surrounding the
proposed site are residential and agricultural. The use of water trucks is not
sufficient to establish the dry land grass, which would mitigate dust blowing
off of the site and affecting surrounding property owners.
C. Section 23-2-230.B.6 — The applicant has NOT demonstrated a diligent
effort to conserve prime agricultural land in the locational decision for the
proposed use. Because this land has historically been irrigated with
rented/leased water, and is currently being used for agriculture, the
applicant would be taking agricultural land out of production.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Kenneth Harring, 5820 East County Road 1000,
South Cloverdale, Indiana 46120, do 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, on the parcel of land
described above, be, and hereby is, denied.
4922051 Pages: 2 of 3
09/22/2023 10:51 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
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2023-0763
PL2862
DENY SPECIAL REVIEW PERMIT (USR23-0005) - KENNETH HARRING, C/O CBEP SOLAR 6,
LLC
PAGE 3
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of May, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dst,f44) L;4.
Weld County Clerk to the Board
County Attorney
Date of signature: o5/S0(23
4922051 Pages: 3 of 3
09/22/2023 10:51 AM R Fee:$0.00
Carly Koppas, Clerk and Recorder, Weld County , CO
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2023-0763
PL2862
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