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Home My WebLink About20232849.tiffINVENTORY OF ITEMS FOR CONSIDERATION Applicant David I. Weinmeister clo CBEP Solar 30 LLC Case Number USR23-0021 Submitted or Prepared Prior to Hearing At Hearing 1 Sign Planting Photograph and Affidavit X 2 SPO Brown in Support X 3 Neighborhood Meeting Minutes X 4 Annexation discussion with Town of Kersey - CBEP X 5 Annexation discussion with Town of Kersey -- Town of Kersey X 0 I I hereby certify that the items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. Kim Ogi Planner PLANNING COMMISSION AND BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE The last day to post the sign is August 25, 2023 the sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property being considered for a special review is not adjacent to a publicly maintained road right-of-way, the department of planning services shall post one sign in the most prominent place on the property and post a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. I, Kim Ogle, hereby certify under penalties of perjury that the sign was posted on the property at least ten days before the Planning Commissioners hearing and the Board of Commissioners hearing for: Site Specific Development Plan and Use by Special Review Permit, USR23-0021 for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District KIM OGLE Name of Person Posting Sign km. Signat e of Person Posting Sign STATE OF COLORADO } )ss. COUNTY OF WELD } The foregoing instrument was subscribed and sworn to me this ,9/2 .8day of /kV) c �;-, 2023 n WITNESS m y ha d and official seal. IfYlf Afti Notary Public My Commission Expires: kk KRISTINE RANSLEM NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20124034827 MY C(JV1'VIISSION EXPIRES JUNE 05, 2024 lee this popery we art Wars tie Pubes Cost fi fYq Cam+N ' Baird at CeauritY Caneninsenits Soto mons Sit to told et NTY ADMINISTRATION BUILDING vvE+-Q5O ,O" Street . G,8®ley, CO 80631 swiping connimiceM % watered an anterrtAltat ca. 2411,0 1Ie wit to nod on 13000 0 Coal Cornaisionst Having at 100114. -Allir,awiagoirrigait --11 , War 4114:— _I4 ImiLhi.O., I :14.-_ s i iatt-e - slog aL.4 WELD COUNTY IPfa 11 "p" street • Orookuic CO 806.11MAL lgrQ MPitaiveritctfta ft a eseten E P:orz-e tdUar#406Zito niMIS aenr" ?e4enni:e e4)L 2�/�1 Crtc%%ttt4 (5RZJ3.�0ai c•J Ccs— RECEIVED AUG f' 3 2U3 Weld County Planning Dept Is 61 l'...toes-teAs•s-- EXHIBIT rirtczu 1 Island Grove - CBEP Solar 13 Neighborhood Meeting Minutes Greeley Recreation Center Tuesday, Aug 8, 2023 Start Time: 6:30 PM End Time: 7:30 PM Speaker: Zach Brammer In Attendance: There were no attendees for this neighborhood meeting. Neighbor Correspondence: None recorded. EXHIBIT b VA=1,2 2) /9 S 3 A CLOUDBREAK CBEP SOLAR 13, LLC PO BOX 1255 STERLING, CO 80751 (970) 425-3175 INFO@0CLOUDBREAKENERGY.COM DATE: August 22, 2023 PROJECT: Island Grove Solar Project SUBJECT: Town of Kersey Annexation Weld County Department of Planning Services, On June 22, 2023, Cloudbreak Energy Partners, David Weinmeister, and the Town of Kersey met to discuss the possible annexation of parcel #96124300036, which is located at 23041 County Road 54 in unincorporated Weld County. During this meeting, the Town of Kersey outlined the benefits associated with the annexation of the property. David Weinmeister decided after the meeting that he was not interested in an annexation with the Town of Kersey. EXHIBIT � l%L'Ih Gv2l (970) 425-3175 I INFO©CLOUDBREAKENERGY.COM CLOUDBREAKENERGY.COM From: Danna Ortiz <DOrtiz@KerseyGov.com> Sent: Monday, August 21, 2023 10:48 AM To: Kim Ogle <kogle@weld.gov> Cc: Christian Morgan <CMorgan@KerseyGov.com> Subject: Re: USR23-0021 Weinmeister Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning Kim, We met with Mr. Weinmeister at Kersey Town Hall on June 22, 2023. On July 12th, Cloud Break Energy Co -Founder Zach Brammer emailed us to inform us that he is not interested in annexing to Kersey. Let me know if you have any questions. Thank you, Danna From: Kim Ogle <kogle@weld.gov> Sent: Monday, August 21, 2023 8:18 AM To: Danna Ortiz; Barb Brunk -E Cc: Christian Morgan Subject: USR23-0021 Weinmeister Good morning, The Department of Planning Services respectively requests a summary of the discussion held between property owner David I. Weinmeister, 23041 County Road 544 concerning the request of the Town of Kersey to consider annexation of the Weinmeister parcel associated with land use case USR23-0021 into the Town of Kersey. It is the understanding of this office that there was a meeting held on June 22, 2023. Your comments are most appreciated. Thank you Kim Ogle Principal Planner Weld County Planning Services 1402 N. 17th Avenue l Greeley 970.400.6100 Office 970.400.3549 Direct kogle@weld.gov Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. EXHIBIT S Planner: Case Number: Property Owner: Applicant: Request: Legal Description: Location: Size of Parcel: LAND USE APPLICATION SUMMARY Kim Ogle U S R2 3-0021 David I. Weinmeister, 23041 County Road 54, Greeley, CO 80631 CBEP Solar 30, LLC c/o Zach Brammer, P.O. Box 1255, Sterling, CO 80751 Hearing Date: September 5, 2023 Site Specific Development Plan and Use by Special Review Permit for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Lot B, RE -4137 being part of the 525W4 of Section 24, T5N, R65W of the 6th P.M., Weld County, Colorado North of and adjacent to County Road 54, east of and adjacent to County Road 47 ± 74.29 acres Parcel No. 0961-24-3-00-036 The criteria for review of this Use by Special Review Permit are listed in Section 23-2-220 and Section 23-4- 1030 of the Weld Coun ty Code The Department of Planning Services' staff has received referral responses with comments from the following agencies: • City of Greeley, referral dated May 25, 2023 • Town of Kersey, referral dated June 13, 2023 • Colorado Parks and Wildlife, referral dated June 21, 2023 • Weld County Department of Planning Services — Development Review, referral dated June 22, 2023 • Weld County Department of Public Health and Environment, referral dated June 22, 2023 • Public Service of Colorado (Xcel Energy), referral dated July 6, 2023 The Department of Planning Services' staff has received referral responses without comments from the following agencies: • Weld County Sheriff's Office, referral dated June 13, 2023 • Weld County Department of Planning Services — Code Compliance, referral dated June 13, 2023 • Colorado Division of Water Resources, referral dated June 15, 2023 City of Evans, referral dated June 15, 2023 • Weld County Oil and Gas Energy Department, referral dated June 22, 2023 • LaSalle Fire Department, referral dated June 25, 2023 • Central Weld County Water District, referral dated July 7, 2023 The Department of Planning Services' staff has not received responses from the following agencies: • Noble Energy/Chevron • Weld County RE -6 Schools • Greeley Weld County Airport • West Greeley Conservation District a Weld County Office of Emergency Management s USDA - Natural Resources Conservation Service Case Summary: The applicant, CBEP Solar 30, LLC is proposing to construct and operate the Island Grove Solar Facility. The facility will be a 3.7 -megawatt ac community solar garden that is part of the Xcel Energy Solar Rewards Community program. The facility footprint is on approximately 23.21 acres of a 74.29 acre parcel. The facility will consist of solar modules mounted about five (5) feet above the existing grade on single -axis trackers, which allow the panels to track the sun from east to west over the course of the day. The project will also include inverters mounted on steel posts or beams, concrete -pad mounted transformers, other electrical equipment, new internal access road, and a perimeter game fence with gates. The site will be visited for bi-annually for routine maintenance of both equipment and vegetation. The facility is remotely monitored 24/7 by full time staff. The land is currently and has been historically used for crop production. The landowner will continue using the water rights assoiiated with the project parcel on their other lend. By allocating a portion of this lard to the scar development, the property wil be bar able to allocate water to the remaking ing agricultural lends under hip. Area lighting is not proposed for the facility, The code requires landscaping and screening or waivers from the affected property owner if the site is within 500 feet of a residence. This site is located within 500 feet of four (4) residences. Of the four (4) residences, two (2) residences are owned by the applicant with all located to the west of the site. The Project will be surrounded by a 7 -foot -tall game fence. CBEP Solar 30, LLC will either get waivers from the nearby residences or plant Rocky Mountain Junipers along the outside of the western fence line to provide natural screening for nearby residence, A Decommission and Reclamation plan was submitted with the application materials. DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED BASED ON THE FOLLOWING APPROVAL CRITERIA: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 and Section 23-4-1030.B of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 ," The proposed use is consistent with Chapter 22 {Weld county Comprehensive Plan] and any other applicable code provisions or ordinance in effect. Section 22-2-10,C. states: ;Promoting Economic Gmwth and Stability Lend use policies have a significant impact economic conditions in the County and should be structured to encourage economic prosperity. To ensure the continued strength of Weld County's economy, land use processes and decisions based on the [comprehensive Rani shall be consistent and promote financially responsible growth. " This Solar Energy Facility will provide construction jobs and energy to Weld County. These functions directly support economic prosperity, This Solar Energy Facility, being a power - generating facility, will add variety, stability and redundancy to the existing electrical grid. Traditional energy resound are tied to commodity markets and can vary in demand and output This facility can complement and support the economy during times of fluctuating oil and gas activity. USR23-002I I CBEP 30 LLC Page 2 of 13 Section 22-2-30.O. states: "Harmonize development with surrounding land uses." The adjacent land will experience minimal nuisance from the SEF, which is an unmanned energy development facility. There are four (4) residences that are less than five hundred (500) feet from the facility. Of the four (4) residences, two (2) residences are owned by the applicant. The applicant will either get a waiver from the nearby residence to the west or plant Rocky Mountain Junipers along the outside of the western fence line to provide natural screening for the nearby residence. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-10. - Intent, of the Weld County Code 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 A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production, and for areas for natural resource extraction and energy development, without the interference of other, incompatible land uses." This code section supports the installation of the subject Solar Energy Facility, which is an energy development. The facility will provide power to be utilized by residences, businesses and farming operations in Weld County. Section 23-3-40.FF. — Uses by special review, of the Weld County Code includes, "Solar Energy Facilities (SEF'S), being more than five (5) acres in size but less than one -hundred sixty (160) acres in the Near/Urban Area as shown on Appendix 21-B, or being more than five (5) acres but less than three -hundred twenty (320) acres in the Ag/Rural Area as shown on Appendix 21-B." This code section allows the applicant to apply for the subject Solar Energy Facility, being located in the Near/Urban Area as shown by map in Appendix 21-B. Per Section 23-1-90 of the Weld County Code, a "Solar Energy Facility means: a commercial facility whose primary purpose is to supply electricity and consists of one or more solar arrays and other accessory structures, equipment, including substations, switchyards, battery storage, electrical infrastructure, generators, transmission lines, communications infrastructure, and other appurtenant structures and/or facilities." The SEE will encumber approximately 23.21 acres of a 74.29 acre parent parcel. The proposal meets the intent of A (Agricultural) Zone District as the facility will produce energy and will not interfere with adjacent agricultural operations. C Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The properties adjacent to the parent parcel are zoned A (Agricultural) and the land uses include oil and gas infrastructure, pasture production agriculture and rural residences. Weld County Department of Planning Services staff sent notice to eight (8) surrounding property owners who own the fourteen (14) adjacent properties within 500 feet of the proposed USR boundary. No written correspondence or telephone calls were received. There are thirteen (13) USRs within one (1) mile of the site. USR-1413 for a Paintball Facility, MUSR13-0004 for a Guest Farm and School and SUP -457 for a 300 head dairy are located to the north, 1MUSR18-12-0074 for a Natural Gas Liquids Pump Station, USR18-0056 for a 20 -inch HP Gas Line, USR11-0024 for a 12-nch HP Gas Line, USR-517 Agricultural Chemical Supply company and USR15-0052 for a Contractor's Shop are located to the east. USR15-0063 for Oil and Gas Support and Service, MUSR13-0002 for a Natural Gas Processing plant, USR18-0129 for a USR23-0021 I CBEP 30 LLC Page 3 of 13 Compressor Station, USR19-0006 for a 24 -inch HP Gas Line and USRth1478 for a contractors shop are located to the south of the site, Surrounding property owners were contacted by the applicant. Some have requested screening and others desire no screening. The County also notified these property owners, and noadditional comments were received. Based on the referral agency responses and the location of the site the SEF the proposed use is in an area that can support this development. The Development Standards and Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding and uses and the region. D. Section 2362d220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The solar energy facility is proposed to be less than one hundred sixty (160) acres in the near- urban area, so it does not require a 1041 review. The site is designated as an Opportunity Zone with thirteen (13) percent of the site holding this designation on the Weld County Comprehensive Plan. The site is located within the three (3) mile referral area for the Town of Kersey, City of Evans and City of Greeley and Coordinated Planning Agreement area for the city of Evans and Town of Kersey. The Town of Kersey returned their referral response dated June 13, 2023 stating the property is within Kersey's planning area and the Town would requests annexation. The property owner met with Town representatives and the applicant on June 22, 2023. Planning staff received an email from the representative for the applicant stating that annexation at this time would not be pursued. The City of Evans and the city of Greeley returned their referral dated June 15, 2023 and May 25, 2023 respectively stating they had reviewed the request and find no conflicts with their interests The applicant was encouraged to contact the Town of Kersey, to discuss annexation. The site is within the Kersey Influence Area and defined as Undetermined Use as delineated in the 2016 Kersey Comprehensive plan. Undetermined Use areas are located outside the Urban Growth Areas. At this time, agriculture and agriculturearelated businessn are the primary land use. It will be sometime before infrastructure can support urban -level development in these areas. Future land use will be determined in cooperation with the landowners at the time of development. The City of Evans stated the property is outside their Future Land Use Plan as delineated In the 2014 Comprehensive plan. The City of Greeley stated the subject site is located outside of Greeley's Long Range Expected Growth Area (LREGA), the area in which the community anticipates annexation and urban development to occur in the future. We do not have any comments to contribute currently. E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld county Code. The property is within the Airport Overlay District and outside of the Special Flood Hazard Area, I- 25 Overlay District, the Geologic Hazard Overlay District, MM - Municipal Separate Storm Sewer System area, Historic Townsites Overlay District, or Agricultural Heritage Overlay District. Building USR2341 I CBE!' 30 LLC Page 4of13 Permits issued on the property will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program, County Facility Fee, and Drainage Impact Fee Programs. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The facility will be located on Aquolls and Aquents, gravelly substratum, poorly drained and classified with a D rating, Dacono clay loam, Nunn clay loam and which are classified with an C rating per the soil report dated October 8, 2021, from the Natural Resource Conservation Service Soil Survey. These loam soils have a high infiltration rate and low runoff potential. The land is classified as prime farmland, if irrigated. The land is and has been irrigated since the mid 1980s. The applicant indicates that the land will continue in agricultural production if the site is decommissioned. Per the application materials the property owner stated that there are water rights associated with the land. The property owner requests consideration to lease part of the land for solar because it will decrease the water demand and will generate money from the solar lease and lower the water costs. G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23- 2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This proposal has been reviewed by the appropriate referral agencies and it has been determined that the attached conditions of approval and development standards ensure that there are adequate provisions for the protection of the health, safety and welfare of the inhabitants of the neighborhood and county and will address and mitigate impacts on the surrounding area with the operation of this facility. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the map: A. The applicant shall address the requirements of Xcel Energy a Public Service of Colorado Company, as stated in the updated referral response dated July 6, 2023. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Xcel Energy — Public Service of Colorado) B. The applicant shall acknowledge the advisory comments of Colorado Parks and Wildlife, as stated in the referral response dated June 21, 2023. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Colorado Parks and Wildlife) C. The applicant shall acknowledge the advisory comments of Weld County Oil and Gas Energy Department as stated in their referral dated June 22, 2023. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Weld County Oil and Gas Energy Department) USR23-0021 I CBEP 30 LLC Page 5 of 13 D. The applicant shall submit to the Department of Planning Services any screening waivers from residents within five hundred (500) feet. If waivers are not obtained opaque screening is required per the accepted Department of Planning Services Landscape and Screening plan. (Department of Planning Services) E. The applicant shall submit an irrevocable standby letter of credit, bond, or alternate form of security in an amount sufficient to fund the estimated decommissioning/reclamation costs required by Section 23-4-1030.BA of the Weld County Code, for acceptance and approval by the Weld County Board of County Commissioners. Once approved, the Decommissioning and Reclamation Plan shall be updated to include the approved security information. (Department of Planning Services) F. A Road Maintenance Agreement (Construction) is required at this location. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes during construction. (Development Review) G. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. (Development Review) H. If utilizing a vegetative material for visual mitigation to screen the facility from adjoining properties to the east and south, the applicant shall submit an irrigation plan to the Department of Planning Services for review and acceptance. (Department of Planning Services) I. The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR23-0021 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4. Show and label the required setbacks, in accordance with Section 23-4-1030.C.3 of the Weld County Code. (Department of Planning Services) 5. Any existing and proposed solar facility installations and electrical equipment, power lines, structures, temporary work trailers, storage containers (limited to two (2) per Section 23-3-30.B of the Weld County Code), storage areas and miscellaneous improvements, as applicable. Clearly indicate which items are temporary for use during construction and which items are permanent. (Department of Planning Services) 6. Required fencing, gates and any emergency and site identification signage, in accordance with Section 23-2-240.A.12 and Section 23-4-1030.C.6 of the Weld County Code. (Department of Planning Services) 7. On -site lighting, if applicable. All lighting shall be downcast and shielded so that light rays will not shine directly onto adjacent properties. Include lighting specification details on the USR map. Refer to Section 23-2-250.D. of the Weld County Code for design criteria. (Department of Planning Services) 8. Trash collection areas, if applicable. Section 23-2-240.A.13 of the Weld County Code addresses the issue of trash collection areas. (Department of Planning Services) USR23-0021 I CBEP 30 LLC Page 6 of 13 9. Planned oil and gas surface development areas, corridors, access roadways, etc. as part of any executed Surface Use Agreement, if applicable. (Department of Planning Services) 10. Screening plan for residences within five hundred (500) feet, unless a waiver from the resident has been supplied to the Department of Planning Services. (Department of Planning Services) 11. CR 54 is a paved road and is designated on the Weld County Functional Classification Map as an arterial road which requires 140 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Development Review) 12. CR 47 is a paved road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Development Review) 13. Show and label an approvable access point onto a County maintained road and the usage type(s) (Agriculture, Residential, Commercial/Industrial, or Oil and Gas). Development Review will review the access location as a part of the plan submittal. (Development Review) 14. Show and label the drainage flow arrows. Show and label the accepted drainage features. Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume. (Development Review) 15. Show and label all recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number. (Department of Planning Services) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within the specified timeline from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance fee shall be added for each additional 3 -month period. (Department of Planning Services) 4. Prior to Construction: A. The applicant shall submit an irrevocable standby letter of credit, bond, or alternate form of security in an amount sufficient to fund the estimated decommissioning/reclamation costs required by Section 234-1030.B.4 of the Weld County Code, for acceptance and approval by the Weld County Board of County Commissioners. Once approved, the Decommissioning and Reclamation Plan shall be updated to include the approved security information. (Department of Planning Services) B. The approved access and tracking control shall be constructed prior to on -site construction. (Development Review) USR23-0021 I CBEP 30 LLC Page 7 of 13 C. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the start of construction. (Development Review) D. Prior to the release of building permits, the applicant shall be required to submit a complete access application for a "preliminarily approved" access location as shown on this plan. (Department of Planning Services) 5. The Use by Special Review Permit is not perfected until the Conditions of Approval are completed and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement (Department of Planning Services) USR23-0021 I CBEP 30 LLC Page 8 of 13 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS CBEP Solar 30, LLC USR23-0021 1. Site Specific Development Plan and Use by Special Review Permit, USR23-0021 for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The Use by Special Review Permit shall be valid for three (3) years from the date of approval. If the site is not selected for being a participant in any community solar program the permit shall expire on the anniversary date of Board of County Commissioners approval. 4. Any future structures or uses on site must obtain the appropriate zoning and building permits. (Department of Planning Services) 5. The facility is unmanned and will operate year-round. Limited maintenance personnel may visit the site once operational. (Department of Planning Services) 6. Height limitation. Ground -mounted solar collectors shall not exceed twenty-five (25) feet in height, measured from the highest natural grade below each solar panel to the highest extent of the solar panel rotation. (Department of Planning Services) 7. Glare. The SEF shall be placed so that concentrated solar glare from its solar collectors will not be directed toward or onto nearby properties or roadways at any time of the day. (Department of Planning Services) 8. Setbacks. The Improved Area of the SEF shall conform to the setback requirements of the underlying zone. Additionally, the improved area must be at least five hundred (500) feet from existing residential buildings and residential lots of a platted subdivision or planned unit development. The residential setback requirement may be reduced if appropriate screening through landscape or an opaque fence is installed, or upon submittal to Weld County of a waiver or informed consent signed by the residence owner agreeing to the lesser setback. If landscaping or opaque fencing is substituted for setback, a landscaping plan or fencing plan shall first be submitted to and approved by the Department of Planning Services per Section 23-4-1030.C.3 of the Weld County Code, as amended. (Department of Planning Services) 9. Dust mitigation. The operators of the SEF shall continuously employ the practices for control of fugitive dust detailed in their accepted Dust Mitigation Plan per Section 23-4-1030.C.4 of the Weld County Code, as amended. (Department of Planning Services) 10 Underground cables. All electrical cables on the improved area shall be buried, except for direct current string wires that connect between solar collectors, direct current collection circuits between rows of solar arrays that are no more than four (4) feet above grade crossings, substations, switchyards, and circuit voltages greater than 34.5 kilovolts (where necessary). (Department of Planning Services) 11 Fencing. The SEF shall be enclosed with a security fence as accepted pursuant to the Fencing Plan as presented in the application materials. Appropriate signage shall be placed upon such fencing that warns the public of the high voltage therein. (Department of Planning Services) 12 Stormwater management. The Operator of the SEF shall comply with the approved Final Drainage Report and the required Storm Drainage Criteria pursuant to Chapter 8, Article XI of this Code. Ground- mounted USR23-0021 I CBEP 30 LLC Page 9 of 13 solar collector systems shall be exempt from Impervious surface calculations if the soil under the collectors is designated hydrologic A or B soil groups by the Natural Resources Conservation Service (NRCS). (Department of Planning Services) 11. Access permit. Prior to construction of the SEF, the applicant shall apply for and obtain an approved Access Permit from the Weld County Department of Public Works, pursuant to the provisions of Article XIV of Chapter 8 of this Code per Section 23-4-1030.C18 of the Weld County Code, as amended. (Department of Planning Services) 14. Existing irrigation systems. The nature and location or expansion of the SEF must not unreasonably interfere with any irrigation systems on or adjacent to the solar facility per Section 23-4-1030.C.M of the Weld County Code, as amended, (Department of Planning Services) 15. Decommissioning. The site shall adhere to the accepted Decommissioning and Reclamation Plan. Weld County shall have the right to draw upon the irrevocable standby letter of credit, or other form of financial security, to pay for decommissioning in the event that the holder has not commenced decommissioning and reclamation activities within ninety (90) days of the Board of County Commissioners' order or resolution directing decommissioning and reclamation. (Department of Planning Services) 16. The site shall be maintained in accordance with accepted Property Maintenance Plan {Department of Planning Services) 17. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such wouldcause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. (Department of Planning Services) 18. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code. (Department of Planning Services) 19. Landscaped areas shall be maintained by the owner/tenant of the property, Including landscaped areas within the adjacent right-of-way. Maintenance shall include, but not be limited to, irrigating, mowing, pruning, removal of trash and weeds, and replacement of any required plantings that become diseased infested or otherwise unhealthy shall be replaced within the growing season or next calendar year whichever occurs sooner. (Department of Planning Services) 20. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 21. During construction, no permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, CRS. (Department of Public Health and Environment) 22. During construction, waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in ac- rdance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and Environment) 23. During construction, adequate toilet facilities and handwashing units shall be provided. Portable toilets shall be serviced by a cleaner licensed in Weld County, contain hand sanitizers, be screened from USR23-0021 I COED' 30 LLC Page 10 of 13 public view, and removed when construction is completed. (Department of Public Health and Environment) 24. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction of the facility. (Department of Public Health and Environment) 25. The facility shall comply with the Air Pollution Emission Notice (A. P. E. N.) permit requirements as stipulated by the Air Pollution Control Division, Colorado Department of Public Health and Environment, as applicable. 26. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25-12-103 C.R.S. 27. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 28. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review) 29. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. (Development Review) 30. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Development Review) 31. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement (Development Review) 32. Prior to the release of building permits, the applicant shall be required to submit a complete access application for a "preliminarily approved" access location as shown on this plan. (Development Review) 33. Weld County is not responsible for the maintenance of onsite drainage related features. (Development Review) 34. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review) 35. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 36. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 37. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 38. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. USR23-0005 Page 11 of 13 39. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within three (3) years from the date of approval, unless otherwise specified by the Board of County Commissioners when issuing the original Permit, or the Permit shalt be vacated. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the landowner. 40, A Use by Special Review shall terminate when the use is discontinued for a period of three (3) consecutive years, the use of the land changes or the time period established by the Board of County Commissioners through the approval process expires. The landowner may notify the Department of Planning Services of a termination of the use or Planning Services staff may observe that the use has been terminated. When either the Department of Planning Services is notified by the landowner, or when the Department of Planning Services observes that the use may have been terminated, the Planner shall send certified written notice to the landowner asking that the landowner request to vacate the Use by Special Review Permit. 41. In such cases where the Use by Special Review has terminated but the landowner does not agree to request to vacate the Use by Special Review Permit, a hearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to request that the Use by Special Review Permit not be vacated, for good cause shown. The landowner shalt be notified at least ten (10) days prior to the hearing. If the Board of County Commissioners determines that the Use by Special Review has terminated and no good cause has been shown for continuing the permit, then the termination becomes final, and the Use by Special Review Permit is vacated. 42. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and people moving into these areas must recognize the various impacts associated with this development. Often, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 43. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. 1Mthout neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site Impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, CI R, ,, provides that an agricultural operation USR23-0005 Page 12 of 13 shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. USR23-0005 Page 13 of 13 From: Danna Ortiz <DOrtiz@KerseyGov.com> Sent: Monday, August 21, 2023 10:48 AM To: Kim Ogle <kogle@weld.gov> Cc: Christian Morgan <CMorgan@KerseyGov.com> Subject: Re: USR23-0021 Weinmeister This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning Kim, We met with Mr. Weinmeister at Kersey Town Hall on June 22, 2023. On July 12th, Cloud Break Energy Co -Founder Zach Brammer emailed us to inform us that he is not interested in annexing to Kersey. Let me know if you have any questions. Thank you, Danna From: Kim Ogle <kogle@weld.gov> Sent: Monday, August 21, 2023 8:18 AM To: Danna Ortiz; Barb Brunk -E Cc: Christian Morgan Subject: USR23-0021 Weinmeister Good morning, The Department of Planning Services respectively requests a summary of the discussion held between property owner David I. Weinmeister, 23041 County Road 544 concerning the request of the Town of Kersey to consider annexation of the Weinmeister parcel associated with land use case USR23-0021 into the Town of Kersey. It is the understanding of this office that there was a meeting held on June 22, 2023. Your comments are most appreciated. Thank you Kim Ogle Principal Planner Weld County Planning Services 1402 N. 17th Avenue I Greeley 970.400.6100 Office 970.400.3549 Direct kogIepweld.gov Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Hello