HomeMy WebLinkAbout20232746.tiffHEARING CERTIFICATION
DOCKET NO. 2023-62
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR23-0019, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS
AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT -
MICHAEL BOULTER FARMS, LLC, C/O CBEP SOLAR 26, LLC
A public hearing was conducted on September 27, 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, Kim Ogle
Department of Public Health and Environment representative, Lauren Light
The following business was transacted:
JR I hereby certify that pursuant to a notice dated August 15, 2023, and duly published
August 18, 2023, in the Greeley Tribune, a public hearing was conducted to consider the request
of Michael Boulter Farms, LLC, do CBEP Solar 26, LLC, for a Site Specific Development Plan
and Use by Special Review Permit, USR23-0019, 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 a brief summary of the proposal,
described the sign posting and location of site, and stated the surrounding properties are zoned
A (Agricultural). He shared notice was sent to five (5) surrounding property owners (SPOs), no
responses were received, and the applicant held a neighborhood meeting on August 9, 2023, with
one SPO in attendance. Mr. Ogle relayed there are seven (7) USRs within one (1) mile of the site,
which consist of aggregate mining, a dairy, a feedlot, a watering/fuel trucking company staging
area, and a high pressure gas line. He shared, per the Development Review staff, access will be
onto County Road (CR) 45, utilizing an existing, unpermitted access, which meets the minimum
spacing criteria, and the applicant is required to obtain an Access Permit. He explained CR 45 is
a local, gravel road which requires 60 feet of right-of-way, and there are no traffic counts available.
He further explained construction traffic will consist of 25 round trips per day, of which five (5) will
be heavy-duty trucks, and post construction operation traffic may be up to 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 specified haul routes. He confirmed the applicant
has submitted an acceptable Final Drainage report that includes an exception to stormwater
detention, shared the site will be visited bi-annually for routine maintenance of equipment and
vegetation, and described the Landscaping and Screening Plan. Mr. Ogle entered the favorable
CC'. PL (TP/MN/Ko /DA/Mt.J)
to /23/23
2023-2746
PL2885
HEARING CERTIFICATION - MICHAEL BOULTER FARMS, LLC, C/O CBEP SOLAR 26, LLC
(USR23-0019)
PAGE 2
recommendation of the Planning Commission into the record, as written, and displayed images
of the site and surrounding views. In response to Chair Freeman, Mr. Ogle confirmed the site will
cover 66 acres of the overall parcel.
Lauren Light, Department of Public Health and Environment, stated a screened, portable
toilet may be utilized during construction, and the Dust Abatement Plan indicates water will be
used during construction, and revegetation or chemical methods will be utilized during operation.
She explained sheep will be utilized for vegetation control, and a Noise Study was performed
which determined noise mitigation measures are not needed at this time, since anticipated sound
levels will remain below the allowable noise levels. She stated Environmental Health has eight (8)
Development Standards (DS) to be adhered to, and they have no outstanding items with the
request.
Zach Brammer, CBEP Solar 26, LLC, represented the applicant and described reasons for
installing Community Solar Gardens, community benefits and project information. He stated the
contracts with Xcel have a life of 20 years and contracts with the landowners are 35 years. He
explained no permanent lighting will be used and no emissions or odors will be present, the panels
are recyclable, and the site will be decommissioned according to Weld County guidelines, with a
Decommission Bond in place. He shared the project will generate limited traffic after the
construction phase and restated the site will cover 62 acres, with construction to begin in Fall of
2024. Mr. Brammer reiterated the location of the site and the screening type, which will include
Rocky Mountain Junipers. He explained the Noise Analysis of the inverters, which meets the
minimum standards, and explained sheep grazing will help maintain vegetation and agricultural
production. In response to Commissioner Saine, Mr. Brammer confirmed the project will benefit
the sheep industry and the local shepherd. In response to Commissioner Buck, Mr. Brammer
explained a water truck will be utilized to water the juniper trees, and the water and the land will
stay together. In response to Commissioner Ross, Mr. Brammer explained, depending on the
moisture for the year, the grass stands will be watered with the water trucks, and an average of
500 sheep per 50 acres, or 100 sheep per 10 acres, will rotationally graze by section and will be
on the site seasonally. In response to Commissioner Ross, Mr. Brammer shared, when looking
at the entire map of Colorado, 90 — 95% of open land has no infrastructure, and this project will
request approval from Xcel through their new process. In response to Commissioner James,
Mr. Brammer shared the market is currently good for sheep, along with the economic decision of
it being less costly to graze sheep than hire out mowing.
Ei Chair Freeman, for reasons of transparency, relayed, for the record, CBEP Solar is a sponsor
of, with Mr. Brammer a speaker at, the Energy Symposium coordinated by Commissioner Saine,
which relationship does not produce a conflict of interest requiring recusal in these proceedings.
El Commissioner Saine objected, and stated it was inappropriate.
No public testimony was offered concerning this matter.
In response to Commissioner Ross, Mr. Brammer confirmed they have worked with the
neighbor, directly to the west, regarding the screening they preferred.
2023-2746
PL2885
HEARING CERTIFICATION - MICHAEL BOULTER FARMS, LLC, C/O CBEP SOLAR 26, LLC
(USR23-0019)
PAGE 3
The Board reviewed the Conditions of Approval and Development Standards, and no
changes or corrections were made.
ti Chair Freeman commented, while he understands solar, he does not feel industrial sites are
compatible with unincorporated Weld County, by taking irrigated, agricultural production out of
production.
El In response to Chair Freeman, Mr. Brammer indicated he had reviewed, and agreed to abide
by, the Conditions of Approval and Development Standards, as presented.
Commissioner James moved to approve the request of Michael Boulter Farms, LLC,
c/o CBEP Solar 26, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR23-0019, for a Solar Energy Facility (SEF) outside of 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 Buck. Commissioner Ross commented,
in regard to Sections 23-2-230.B.3. and B.4 regarding compatibility and the Soils Report that
designates the site as high producing agricultural land; however, since there is no high density of
surrounding properties, he can find compatibility on this application. Commissioner Saine
explained, for the record, she does not receive any financial impact from CBEP Solar 26, LLC,
related to the Energy Symposium. A Roll Call vote was taken, and the motion passed on a four (4)
to one (1) vote, with Chair Freeman opposed. There being no further discussion, the hearing was
completed at 10:29 a.m.
This Certification was approved on the 11th day of October, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: * `, ,4/ :4
Weld County Clerk to the Board
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Deputy Clerk to the Board
�reeman, Chair
errv,L. B . , Pro-Tem
K. Jame
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evin D. oss
Lori Saine
2023-2746
PL2885
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