HomeMy WebLinkAbout20232851.tiffHEARING CERTIFICATION
DOCKET NO. 2023-64
RE: A 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 -
DAVE WEINMEISTER, C/O CBEP SOLAR 13, LLC
A public hearing was conducted on October 4, 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 - EXCUSED
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:
El 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 Dave Weinmeister, c/o CBEP Solar 13, LLC, for a 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. Karin McDougal, Assistant County
Attorney, made this a matter of record.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
described the sign posting, he stated the site is located within the three (3) mile referral area of
the Town of Kersey, Cities of Evans and Greeley, and the Coordinated Planning Agreement Area
of the City of Evans and Town of Kersey. Mr. Ogle relayed the Town of Kersey returned the
Referral response stating the property is within their Planning Area and the Town requests
annexation; however, the applicant met with the Town and conveyed to Planning staff, annexation
will not be pursued at this time. He stated the site is within the Town of Kersey's Influence Area,
defined as "Undetermined", in their 2016 Comprehensive Plan, the City of Evans stated the site
is outside their Future Land Use Plan, the City of Greeley stated the property is outside their Long
Range Growth Plan, and the site is within the Airport Overlay District. He explained notices were
sent to eight (8) surrounding property owners (SPOs), one letter of support was received, the
applicant held a neighborhood meeting on August 8, 2023, and there were no attendees. Mr. Ogle
described surrounding uses, and shared, per the Development Review staff, access is onto
County Road (CR) 47, which is an existing, unpermitted agricultural access, and the applicant will
need to obtain an access permit. He further stated CR 47 is a local, paved road, with 60 feet of
right-of-way, there are no recent traffic counts for the section of road, construction traffic will be
25 round trips per day, of which five (5) will be heavy duty trucks, and post -construction facility
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HEARING CERTIFICATION - DAVE WEINMEISTER, C/O CBEP SOLAR 13, LLC (USR23-0021)
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operation will generate four (4) vehicle trips per year. He explained a Road Maintenance
Agreement is requested for construction, including, but not limited to, dust control and damage to
specified haul routes. He shared the applicant has submitted a preliminary Drainage Report, and
an acceptable Final Drainage Report, signed and stamped by a Colorado professional engineer,
is required as a Condition of Approval. He mentioned no area lighting will be used, the property
owner will continue to utilize water for farming, and he described the Landscape and Screening
Plan. He stated both residences within 500 feet of the site are owned by the applicant, who has
indicated the land will continue in agricultural production if decommissioned. Mr. Ogle entered the
favorable recommendation of the Planning Commission into the record, as written, and displayed
images of the site and surrounding views.
IE Lauren Light, Department of Public Health and Environment, stated screened, portable toilets
may be used during construction, a Dust Abatement Plan has been submitted, which indicates
water will be used during construction, revegetation or chemical methods will be used during
operation, and sheep will only be used for vegetation control. She shared a Noise Study was
completed and noise levels comply with the statutory requirement. She said the department has
eight (8) Development Standards (DS), and there are no outstanding items.
Zach Brammer, CBEP Solar, represented the applicant and described the history and use of
a solar garden through a PowerPoint presentation (Exhibit D). He explained a Decommission
Bond will be put in place, and shared this project will be known as the Island Grove Community
Solar Project. He further explained this project does have a contract in place with Xcel Energy
and described the facility and anticipated production of electricity. He stated Mr. Weinmeister will
continue to utilize the existing water rights for irrigating, reiterated access will be off of CR 47,
stated there is an Access Control Plan on CR 54, and explained the Noise Analysis.
David Weinmeister, applicant, explained his concern of finding a tenant farmer who is willing
to farm the land utilizing a dirt ditch.
II No public testimony was offered concerning this matter.
El The Board reviewed the Conditions of Approval and Development Standards, and in
response to Commissioner James, Mr. Ogle explained the requirement of Condition of Approval
(COA) #1.A. Responding to Commissioner Ross, Mr. Brammer explained typical water trucks will
be used for maintenance of the grass.
IEJ In response to Chair Freeman, Mr. Brammer indicated he has reviewed, and agrees to abide
by, the Conditions of Approval and Development Standards, as presented.
El Chair Freeman stated his opposition to irrigated, agricultural land being taken out of
production. Commissioner Ross agreed and expressed concern about the cover crop taking hold,
but stated he finds conformity in the surrounding uses, with an industrial look around the facility.
Commissioner Ross commented he disagrees with sheep grazing being true Agrivoltaics.
Commissioner Buck explained she feels the SEF is in the interest of the applicant. Commissioner
James stated he believes the Code is permissible of the Use, commented there needs to be an
2023-2851
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HEARING CERTIFICATION - DAVE WEINMEISTER, C/O CBEP SOLAR 13, LLC (USR23-0021)
PAGE 3
understanding of what agriculture is, and when the agriculturalist is requesting the change, he
feels he should follow the allowances of the Code.
= Ms. McDougal explained the procedures to follow should this case result in a tie vote due to
the four (4) Commissioners being present and Commissioner Saine being excused.
El Commissioner James moved to approve the request of Dave Weinmeister,
c/o CBEP Solar 13, LLC, for a 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, 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, and it carried three (3) to one (1),
with Chair Freeman opposed. There being no further discussion, the hearing was completed
at 10:24 a.m.
This Certification was approved on the 18th day of October, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Vii., 11 G ..cho%,rA
Weld County Clerk to the Board
BY.
M. via4coi'cics
Deputy Clerk to the Board
m
Mik- -eman, Chair
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Sc•tt ` Jame _
2023-2851
PL2887
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