HomeMy WebLinkAbout20230764.tiffEXHIBIT
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Before the Weld County, Colorado, Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Butch White, that the following resolution be introduced for denial by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for
Case Number:
Applicant.
Planner:
Request:
Legal Description:
Location:
USR23-0005
Kenneth Harring, c/o CBEP Solar 6, LLC
Kim Ogle
A 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
Part of the NW1/4 of Section 32, Township 7 North. Range 65 West of the 6th P.M.,
Weld County. Colorado.
Approximately 980 -feet south of County Road 76; approximately 1300 -feet east of
County Road 39.
be recommended unfavorably to the Board of County Commissioners for the following reasons:
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 Planning Commission 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 and any other applicable code
provisions or ordinance in effect.
Section 22-2-10 state the Guiding Principles that serve as the foundation for land use policy in the
County. Section 22-2-10.B states "One of the basic principles upon which the United States was
founded is the right of citizens to own and utilize property so long as that use complies with local
regulations and does not interfere with or infringe upon the rights of others."
The proposal meets the intent of A (Agricultural) Zone District. including the Principles, Goals and
Objectives as outlined in Chapter 22 and permitted under Chapter 23 as the facility will produce energy
harvested from the sun and will not interfere with adjacent agricultural operations.
The applicant and property owner has made a business decision on the highest and best use of his
property without irrigation water. Of the thirty-five (+/- 35) acre parcel twenty-eight (+/- 28) acres will
be utilized for the proposed solar energy facility. The land under the solar panels wil be planted with
a dry -land native grass seed that has been generally accepted for re -vegetation purposes for the
entire parcel and will be maintained with no allowance for noxious weed growth.
Section 22-2-60.8 "Support responsible energy and mineral development.
According to the application materials, the Solar Energy Facility will connect into the Xcel Energy power
grid. The application states that efforts will be made to protect the soil and minimize the impacts to the
area. Further, once operational, the proposed SEF creates no noise, odor, light or flickering. vibration,
vermin, dust, or other nuisances. The operation of the SEF is almost entirely unnoticeable to
neighboring properties and it will not impact surrounding property's right to quiet enjoyment.
Section 22-2-60.B.2 states "Ensure that infrastructure, such as adequate roads and utilities. exists or
can be made available prior to development of energy and mineral resource production facilities."
County Roads 76 and 39 are local paved roads. There is an existing overhead electric service located
east of County Road 39 that serves as the interconnection point to the proposed facility.
Resolution USR23-0005
Kenneth Harnng, c/o CBEP Solar 6, LLC
Page 2
B Section 23-2-220 A 2 -- The proposed use is not 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 Issues raised addressed the
use of the land for a solar farm and not an agricultural farm, when there is water for this property from
the For Far Lateral
C Section 23-2-220 A 3 -- The uses which will be permitted will not be compatible with the existing
surrounding land uses
The property is within five hundred (500) feet of fourteen (14) parcels, with fourteen (14) homes, with the
solar facility footprint located within five hundred feet of nine (9) homes, specifically north and east of the
SEF footprint Six (6) surrounding property owners testified at the hearing that they were opposed to this
project Several impacts outside of generally recognized farming practices including the humming noise
from the inverters, impacts on site drainage patterns and conveyance of irrigation water, impacts on farm
culture including the potential for environmental degradation due to leaching of aluminum, lead and
cadmium from the solar panels and most importantly not addressing the impacts to area wildlife
including the flock of wild turkeys and nesting raptors
D Section 23-2-220 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 site is located within the (3) mile referral area and the Coordinated Planning Agreement area for the
Town of Eaton The 2020 Town of Eaton Comprehensive Plan delineates lands within the Town
boundary, lands within the Urban Core Area (UCA) and lands within the Urban Growth Area This
property is located south of County Road 76 and is located within the Urban Core Area Boundary and
Urban Growth Boundary The Future Land Use Plan within the Urban Growth Area map states more
intensive land uses are only appropriate with the Urban Core Area The Land Use Plan allocates various
general land uses throughout the UCA The land uses include residential (at various maximum
densities), mixed use areas of retail, office and residential and non-residential uses including
commercial, industrial and public uses This property holds a designation of Suburban Residential (2 5
units per acre) The Town of Eaton did not return comments on the Notice of Inquiry form and did not
provide a referral response for this application
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 not within the Airport Overlay District, 1-25 Overlay District, Geologic Hazard Overlay
District, MS4 - Municipal Separate Storm Sewer System area, Historic Townsites Overlay District, or
Agricultural Heritage Overlay District Building 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
F 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
Per the application materials the irrigation water has been severed from the property Although the
Natural Resources Conservation Service map shows that no Prime agricultural land is being taken
out of production, the Planning Commission felt that this project is taking the agricultural farmland
out of production, when historically the farmer has irrigated with water from the For Far Lateral
Resolution USR23-0005
Kenneth Harnng, c/o CBEP Solar 6, LLC
Page 3
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 installation of this SEF
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
Should the Board of County Commissioners approve the proposal, the Planning Commission recommends the
following conditions
Prior to recording the map
A The applicant shall attempt to address the concerns of the Public Service of Colorado (Xcel Energy) as
stated in their referral dated February 6, 2023 Evidence of such shall be submitted to the Department of
Planning Services (Public Service of Colorado)
B The applicant shall address the concerns of the Gale Lateral and For Far Lateral ditch companies as
stated in their referral dated February 16, 2023 Evidence of such shall be submitted to the Department
of Planning Services (Department of Planning Services)
C The applicant shall submit recorded evidence that the eighteen (18) foot wide access easement across
Lot A of RE -1634 recorded under reception no 2419897 dated December 21, 1994 and Lot A RE -4163
recorded under reception no 3335453 dated October 28, 2005 may be utilized for access to Parcel 1
and Parcel 2, formerly part of Lot B RE -4163 and now part of Vacation Plat recorded under reception no
4867393 dated November 16, 2022 Evidence of such shall be submitted to the Department of Planning
Services (Department of Planning Services)
D The applicant shall submit a fencing plan for review and acceptance if not utilizing the perimeter game
fence with gates as stated in the application materials (Department of Planning Services)
E 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)
F If utilizing a vegetative material for visual mitigation to screen the facility from adjoining properties to
the west and north, the applicant shall submit an irrigation plan to the Department of Planning Services
for review and acceptance (Department of Planning Services)
G 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)
H The map shall be amended to delineate the following
1 All sheets of the map shall be labeled USR23-0005 (Department of Planning Services)
Resolution USR23-0005
Kenneth Harnng, c/o CBEP Solar 6, LLC
Page 4
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 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)
5 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)
6 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)
7 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)
8 Setback radiuses for existing oil and gas tank batteries, wellheads, and encumbrances, if applicable
Setback requirements are located in Section 23-3-70 E of the Weld County Code (Department of
Planning Services)
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 39 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)
12 CR 76 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 the existing proposed access point onto CR 39 and the usage type (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 (Development Review)
15 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
Resolution USR23-0005
Kenneth Herring, c/o CBEP Solar 6, LLC
Page 5
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 approved access and tracking control shall be constructed prior to on -site construction
(Development Review)
B 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)
C 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 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)
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)
Resolution USR23-0005
Kenneth Harnng, c/o CBEP Solar 6, LLC
Page 6
Motion seconded by Sam Gluck
VOTE
For Denial
Elijah Hatch
Skip Holland
Sam Gluck
Butch White
Pamela Edens
Against Denial
Michael Wades
Michael Palizzi
Absent
Shana Morgan
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case
to the Board of County Commissioners for further proceedings
Certification of Copy
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on March 7, 2023
Dated the 7'h of March, 2023
45\1.6ant, Andy,
Kristine Ranslem
Secretary
Resolution USR23-0005
Kenneth Harnng, c/o CBEP Solar 6, LLC
Page 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Kenneth Harring
USR23-0005
Site Specific Development Plan and Use by Special Review Permit fora 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 Any future structures or uses on site must obtain the appropriate zoning and building permits (Department of
Planning Services)
4 The facility is unmanned and will operate year-round Limited maintenance personnel may visit the site once
operational (Department of Planning Services)
5 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)
6 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)
7 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)
8 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)
9 Fencing The SEF shall be enclosed with a security fence as accepted pursuant to the Fencing Plan as
presented in the application materials Appropnate signage shall be placed upon such fencing that warns the
public of the high voltage therein (Department of Planning Services)
10 Stormwater management The Operator of the SEF shall comply with the approved Final Drainage Report
and the required Storm Drainage Cntena pursuantto Chapter 8, Article XI of this Code Ground- mounted 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 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
secunty, 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)
12 The site shall be maintained in accordance with accepted Property Maintenance Plan (Department of
Planning Services)
Resolution USR23-0005
Kenneth Harnng, c/o CBEP Solar 6, LLC
Page 8
13 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)
14 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, C R S (Department of Public Health and Environment)
15 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 accordance with Chapter 14, Article 1 of the Weld County Code (Department of
Public Health and Environment)
16 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 public
view, and removed when construction is completed (Department of Public Health and Environment)
17 Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction
of the facility (Department of Public Health and Environment)
18 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)
19 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)
20 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)
21 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)
22 The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement (Development Review)
23 The historical flow patterns and runoff amounts on the site will be maintained (Development Review)
24 The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code
25 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
26 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
Resolution USR23-0005
Kenneth Harnng, c/o CBEP Solar 6, LLC
Page 9
27 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
28 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 shall be vacated The Director of Planning
Services may grant an extension of time, for good cause shown, upon a wntten request by the landowner
29 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
30 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
31 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 maybe 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 Without 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, C R S , provides that an agricultural operation 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
Resolution USR23-0005
Kenneth Haring, do CBEP Solar 6, LLC
Page 10
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, sandburs, 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
Summary of the Weld County Planning Commission Meeting
Tuesday, March 7, 2023
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Elijah Hatch, at 1:33 pm.
Roll Call
Present: Elijah Hatch, Skip Holland, Sam Gluck, Butch White, Michael Wailes. Pamela Edens, Michael
Palizzi.
Absent: Shana Morgan.
Also Present: Kim Ogle, Diana Aungst, and Jim Flesher, Department of Planning Services; Lauren Light,
Department of Health; Karin McDougal. County Attorney. and Kris Ranslem, Secretary.
Case Number:
Applicant:
Planner:
Request.
Legal Description:
Location:
USR23-0005
Kenneth Harring, c/o CBEP Solar 6, LLC
Kim Ogle
A 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.
Part of the NW1/4 of Section 32, Township 7 North, Range 65 West of the 6th
P M., Weld County, Colorado.
Approximately 980 -feet south of County Road 76; approximately 1300 -feet east of
County Road 39.
Kim Ogle, Planning Services, presented Case USR23-0005, reading the recommendation and comments
into the record. Mr. Ogle noted that one (1) letter was received which outlined concerns that the property
would become an eye sore resulting in lower property values, destruction of country lifestyle. and adversely
affecting the irrigation ditches and conveyance of irrigation water. The Department of Planning Services
recommends approval of this application along with conditions of approval and development standards.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control. and the Waste Handling Plan.
Zach Brammer, Cloud Break Energy Partners. 408 Melba Road, Sterling, Colorado, stated that this will be
a 4.625 megawatt solar community project which will be located on approximately 28.74 acres. Mr.
Brammer said that currently the property is owned by Kenneth Harring; however, the area where the solar
project will be located will be purchased by Cloud Break Energy Partners prior to the commencement of
construction. The construction period is anticipated to last approximately four (4) months. Once completed
the project will produce enough power for approximately 1500 homes.
Mr_ Brammer said that they will work with a local shepherd to graze sheep on the property. The sheep are
expected to be grazing on the property a few times during the year to maintain the vegetation height of 18
to 22 inches. He added that they have applied for a well permit and the water from that well will be used to
establish that pasture. If they should not get a well permitted, they will have water trailers and other sources
of water that they can bring onto the site.
Mr. Brammer stated that they reached out to the ditch company last July. however, the ditch company told
them to wait until they made it further along with their permits before discussing this project with them. He
added that there is no agreement in place with them to cross the ditch; however, they are work ng with the
ditch company on that and anticipate that it will be completed prior to construction.
A seven (7) foot tall game fence will be installed around the permitter of the site. He added that two (2)
rows of Rocky Mountain Junipers, watered with the well permit in process or by water truck, will be installed
for screening on the northern and eastern sides of the property.
1
Commissioner Wailes asked if the well permit will be a commercial or agriculture permit Mr Brammer said
it is an agriculture well permit Mr Wailes asked the applicant if they will have to meet any augmentation
requirements back to the ditch companies for whatever that well might take up Mr Brammer replied that
he guesses they will and added that they are still in the process of working with the ditch company
Commissioner Holland asked if the land has any water rights Mr Brammer replied no Mr Holland asked
what the land was used for previously Mr Brammer said it was used for agriculture historically, however,
the tenant farmer had other water rights they could use
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Randy Miller, 19442 CR 76, Eaton, Colorado, said that he is opposed to this project He said that there is
water for this property from the For Far Lateral Mr Miller stated that he lives directly east of the site and
added that he doesn't know how loud this is but assumes they will hear it He added that there is a flock of
wild turkeys that live there as well as bald eagles He said that this will have a significant impact on his
property values He asked the Planning Commission to consider not approving it
Jim Gies, 19381 CR 74, Eaton, Colorado, stated that he believes this is an eye sore and will have impacts
on the farm culture He added that it has been watered every year Additionally, he is concerned with
drainage from the site and the contamination from the solar panels, specifically aluminum, lead and
cadmium Mr Gies asked where the transmission line is for this project He expressed concern regarding
fires, traffic safety, habitat loss and setbacks of this project He added that there needs to be an economic
and environmental study for this to be placed around houses
Sharon Miller, 19442 CR 76, Eaton, Colorado, stated that they have an upper level deck on their house
that will overlook these solar panels and added that those solar panels will not be blocked from their view
Ms Miller asked how the manure will be handled from the sheep that will be grazing there Ms Miller stated
that there are great horned owls, bald eagles, and numerous other birds that habitat in the cottonwood trees
and is concerned that they will be cut down She expressed concern regarding the loss of property values
Ms Miller stated that she is opposed to this project
Brenda Fisher, 19260 CR 76, expressed concern for the wildlife in the area and added that there are signs
posted all over Weld County with the Right to Farm and it seems strange that a solar farm is what would
be going in an ag area Ms Fisher felt that the applicant was vague about the water and that they should
be further along in the permitting process Ms Fisher stated that she is opposed to this project
Janine Medero, 19154 CR 76, stated that she reserves judgement and only came for information Ms
Medero asked what the plan is for the other part of Mr Harring's property She added that they have
livestock and expressed concern if it will be sold to a developer to do something else as it is right next to
them and their livestock
Mary Burks, 19168 CR 76, stated that her and her husband were the first to live out there 52 years ago
She added that it is a nice, peaceful, and quiet neighborhood She agrees with all of those who spoke
against this case Ms Burks stated that she is opposed to the increased traffic and noise and hopes that
the Planning Commission will consider denying this
Mr Brammer referred to the noise concern and stated that the noise generating equipment will be located
in the central part of the property so from 500 feet away it will be as loud as leaves rustling during the day
and at night there will be no noise
Mr Brammer referred to the flock of turkeys and said that they are working with the Colorado Division of
Wildlife to make sure that all the boxes are checked With regard to the Bald Eagles they do have to comply
with all federal and state laws and making sure that construction occurs outside of the nesting season
Mr Brammer said that according to the studies that they have seen they show that there is no negative
impacts on property values for properties adjacent to solar facilities
2
Mr Brammer referred to Ms Miller's statement of the view from their top deck and said that there is not a
lot that they can do about that However, the panels when they are fully tilted will be about 10 feet tall so
they should still be able to see over the top of the panels Mr Brammer said that there is no glare and will
be happy to forward the glare study to anyone
Mr Brammer stated that they have no current plans to remove the cottonwood trees that the owls habitat
in He added that he is not sure that they are on the applicant's property line
Mr Brammer said that they were aware that the property had carrying rights but based on the research that
their attorneys conducted the carrying rights were super junior so that is why they looked at other options
With regard to the drainage of the site, they did submit a drainage report and found that there was no impact
to the neighboring properties or the ditches Mr Brammer added that they do have lead based solar panels,
however, it is the same amount as what is in a shotgun slug He added that in order for the lead to be
released into the water or ground the panel would essentially have to explode for it to break into tittle chunks
and he has not seen any sort of event that would cause a panel to explode, unless done intentionally
Mr Brammer said that there is an existing transmission line that is along the field and this facility will be
connected to that line During construction there will be 10 to 15 cars per day but will last four (4) months
and then they will only access the site as needed to maintain the land He added that they will comply with
all the Weld County setbacks Mr Brammer said that they don't have a plan for flies, insects and manure
as they didn't think about that, but added that they will have a plan to account for that With regard to the
remaining property Mr Harnng has to the west, Mr Brammer said that he is not sure what his plans are
Commissioner Holland asked if they are aware of the protection of Bald Eagles Mr Brammer said that
there is a Bald Eagle and Golden Eagle Protection Act and so for each one of their projects they have to
look for an eagle nest within the surrounding area He added that if there are active nests when they start
construction then they can only start construction during times of the year outside of their nesting season
Mr Holland asked if they are aware of bald eagles in the area Mr Brammer said that they have found
nests but no active nests
Commissioner Holland asked staff if they were aware of the bald eagles in the area Mr Ogle replied no
Mr Holland asked if this same concern applies to the owls in the area Mr Ogle said that the same applies
to Burrowing Owls where there are certain periods of time during the course of the calendar year where
they cannot be actively around construction
Commissioner Edens asked if there has been a process to divide the property Mr Ogle said that Mr
Harring elected to vacate Lot B of the Recorded Exemption and then split it by deed and created two (2)
35 -acre parcels Both are legal and buildable parcels Ms Edens said that the County records show that
it is taxed as flood irrigated ground Mr Ogle said that is according to the Assessor's record, however it is
not classified by the Planning Department
Commissioner White said that normally in these cases the solar facility is leased, however, because the
applicant's will be the landowners and in 20 years when the solar farm is no good anymore there is no
landowner to answer to clean this up and asked what control does the county have to enforce it Ms
McDougal said that the mechanisms for enforcement are still the same because the bond that is issued will
be easier to find She added that whether they own or lease the land, it doesn't change the enforcement
we have at the end of the life span
The Chair said that the purpose of the bond is if the applicant defaults, it would take care of the
decommissioning of the project
Commissioner Wailes said that he is concerned about the wildlife and asked if a response was received
from the Colorado Parks and Wildlife (CPAW) Mr Ogle said that a referral was sent to them, however,
they did not respond
3
Commissioner Palizzi said that CPAW has online maps and added that he is currently looking at a map that
doesn't show anything within that entire section related to eagles' nests
Commissioner Palizzi asked the applicant that if they are able to cross that ditch how they plan to do that
Mr Brammer said that the plan would be to install a culvert that allows water to move freely through it and
build a line that is tall enough to connect to the grid Mr Palizzi said that his experience in working with
ditch companies is not that easy and referred to their letter that you need to prove no drainage enters their
ditch Mr Brammer said that this is addressed in their drainage report
Commissioner Palizzi asked if he has had success with all these concerns in their other solar projects Mr
Brammer said that a lot of their projects are too early to tell, but early signs are promising They had a
project in Sterling that they just wrapped up and the pasture is looking good at the moment He added that
they haven't had any negative impacts on any of their projects and have been able to keep pasture land
going
Commissioner Hatch referred to the Miller home and asked what the distance is from where the proposed
solar facility is to their property Mr Brammer said that from the fence line it is approximately 200 feet to
the residence and approximately 1000 feet to the inverters Mr Hatch asked if any of their other projects
have been this close to residential properties Mr Brammer said that they have a property within the Town
of Milliken where they were 25 feet from a residence
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those The applicant replied that they are in agreement
Motion Forward Case USR23-0005 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of denial, Moved
by Butch White, stating that it violates Section 23-2-220 A 2 by taking productive farmland out of production
and it does not meet Section 23-2-220 A 3 as it is not compatible with the existing surrounding land uses,
Seconded by Sam Gluck
Commissioner Holland agreed with the recommendation and added that he believes it is also not compliant
with Section 23-2-220 A6 relative to properly conserving prime agricultural land in Weld County
Commissioner Wailes questioned if that particular parcel is designated as prime farmland Commissioner
Palizzi referred to the staff recommendation where it is stated that no prime land has been taken out of
production
Commissioner Palizzi referred to Section 23-2-220 A 2 where it states that "The Agricultural Zone District
is intended to provide areas for the conduct of agricultural activities and activities related to agricultural and
agricultural production, and for areas for natural resources extraction and energy development without the
interference of other, incompatible land uses " He said that this is energy development and in his opinion
it is compatible
Vote Motion passed (summary Yes = 5, No = 2, Abstain = 0)
Yes Butch White, Elijah Hatch, Pamela Edens, Sam Gluck, Skip Holland
No Michael Palizzi, Michael Wailes
Commissioner Hatch stated that he is voting for denial not necessarily for the reason of taking it out of prime
land He added that he is favorable to solar and operates a solar business but in this situation he is not
sure that it is compatible with the surrounding land use of the individuals that are there
Meeting adjourned at 4 10 pm
Respectfully submitted,
dlAiai,-,vA.w(as,
Kristine Ranslem
Secretary
4
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