HomeMy WebLinkAbout20230086.tiffHEARING CERTIFICATION
DOCKET NO. 2023-02
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR22-0027, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS
AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT -
CBEP LAND 2, LLC, C/O CBEP SOLAR 2, LLC, C/O CBEP SOLAR 8, LLC
A public hearing was conducted on January 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
Also present:
Acting Clerk to the Board, Jan Warwick
County Attorney, Bruce Barker
Department of Planning Services representative, Kim Ogle
Department of Public Health and Environment representative, Lauren Light
The following business was transacted:
= I hereby certify that pursuant to a notice dated November 15, 2022, and duly published
November 18, 2022, in the Greeley Tribune, a public hearing was conducted to consider the
request of CBEP Land 2, LLC, do CBEP Solar 2, LLC, do CBEP Solar 8, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR22-0027, for a Solar Energy Facility
(SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District.
Bruce Barker, County Attorney, made this a matter of record.
=' Kim Ogle, Department of Planning Services, presented a brief summary of the proposal,
described the sign posting, and explained the site is located within the three (3) mile referral area
of the City of Greeley, as well as the three (3) mile referral area and Coordinated Planning Area
(CPA) of the Town of Kersey. He shared the City of Greeley's referral, dated October 12, 2022,
stated the subject site is located within Greeley's Long Range Expected Growth Area, where the
community anticipates annexation and urban development to occur in the future, thus they would
appreciate consideration for future landscape perimeter buffering and screening, as the site
currently has no water or irrigation available. Mr. Ogle explained the Town of Kersey's Notice of
Inquiry (NOI) stated no concerns. He described the property location, surrounding limited
residences and uses, and stated Notice was sent to six (6) SPOs, and no responses were
received. He shared, per the Development Review staff, access is proposed onto County Road
(CR) 64, which meets minimum spacing criteria, is a local paved road which requires 60 feet of
right-of-way, and traffic counts indicate an annual average of 112 vehicles per day, with 14%
trucks, and the 85th percentile speed is 53 MPH. Traffic information submitted with the application
indicates construction traffic will be ten (10) —15 vehicles per day, of which two (2) may be heavy
haul vehicles, and operation traffic would be two (2) to four (4) vehicles per year. Mr. Ogle stated
a Road Maintenance Agreement for construction, including, but not limited to, dust control and
cc'. PL (TP/MN/v,o�
o1/26/23
2023-0086
PL2852
HEARING CERTIFICATION - CBEP LAND 2, LLC, C/O CBEP SOLAR 2, LLC,
C/O CBEP SOLAR 8, LLC (USR22-0027)
PAGE 2
damage repair to specified haul route is being requested. He shared the applicant has submitted
a Preliminary Drainage Report, and a Final Drainage report is required prior to recording the USR
map. He described the proposal of two (2) solar energy facilities, adjacent to each other in the
same parcel, is part of the Xcel Energy Solar Rewards Community Program, explained the output
and system operation of the two (2) facilities, and shared the solar facility will be planted with
dry -land native grass seed, and will be maintained by vegetation experts to facilitate
establishment. He stated area lighting is not proposed for the facility, the site will be
decommissioned and reclaimed at the end of the lease term, which is 20 years, with an option of
four (4) additional five (5) year terms of operational life, or if the site is not operational for
12 months. He relayed much of the equipment is recyclable and shared the estimated cost of
reclamation for both parcels. He further stated the site is within the Airport Overlay District,
complies with the height limitations, will not create electrical interference, and will file with Federal
Aviation Administration (FAA) for compliance with the Greeley -Weld County Airport. Mr. Ogle
relayed the previous owner recorded a permanent Dry -up Covenant and Easement, and the
current property owner, as successor, will continue to maintain the dry -land native grasses.
Mr. Ogle entered the favorable recommendation of the Planning Commission into the record as
written and displayed images of the site and surrounding views.
3 = Lauren Light, Department of Public Health and Environment, stated portable toilets can be
used during construction, typical dust and waste items are included in Development Standards
(DS) #16 - #21, and there are no outstanding issues with the request.
Zack Brammer, Cloudbreak Energy Partners, LLC, gave a short presentation on the project,
stated temporary lighting will be used during construction, for approximately 25 workers from
7:00 a.m. to 3:00 p.m., for four (4) months. He stated a Decommission Bond will be provided to
Weld County and described the fencing. In response to Commissioner Saine, Mr. Brammer
confirmed subscribers will receive a five (5) to ten (10) percent discount. In response to
Commissioner Buck, Mr. Brammer explained the fluctuation of energy costs, and confirmed the
distribution of energy from the two (2) parcels is available to anyone throughout the state of
Colorado; however, they will attempt to contain the energy in Weld County. In response to
Commissioner James, Mr. Brammer confirmed a game fence will surround the system, and the
opaque wood fence will surround the project.
s _= Barnard Geisick, Kersey resident, stated solar operators tend to forget about maintenance of
the property, the subject area has been native grassland for the past ten (10) years, and he also
expressed his concerns for wildfires.
'' Mr. Brammer stated native seed will be planted across the entire property to reestablish
vegetation, and there will be no impediment of access to canals.
IEJ In response to Chair Freeman, Mr. Brammer indicated he had reviewed, and agreed to abide
by, the Conditions of Approval and Development Standards, as presented.
2023-0086
PL2852
HEARING CERTIFICATION - CBEP LAND 2, LLC, C/O CBEP SOLAR 2, LLC,
C/O CBEP SOLAR 8, LLC (USR22-0027)
PAGE 3
The Board reviewed the Conditions of Approval (COA) and Development Standards (DS),
and it was suggested to remove COA #1.F (Fencing Plan). Mr. Ogle also suggested removal of
COA #1.G (Irrigation Plan). The Board agreed to the aforementioned changes.
There was no public input on the requested changes to the Conditions of Approval.
In response to Chair Freeman, Mr. Brammer agreed to abide by the COA and DS, as
amended.
El Commissioner James moved to approve the request of CBEP Land 2, LLC,
c/o CBEP Solar 2, LLC, c/o CBEP Solar 8, LLC, for a Site Specific Development Plan and Use
by Special Review Permit, USR22-0027, 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 amended. The motion was seconded by Commissioner Saine, and it carried
unanimously. jg Chair Freeman commented, in regard to maintenance of the vegetation,
neighbors are welcome to notify the Department of Planning Services, if vegetation maintenance
is not being performed. There being no further discussion, the hearing was completed at
10:40 a.m.
This Certification was approved on the 23rd day of January, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dia„,O;
Weld County Clerk to the Board
BY:
eputy Clerk to t - Board
Mike Freeman, Chair
EXCUSED DATE OF APPROVAL
Perri L. Byek, Pro-Tem
Sctt K.,James
Kevin D. Ross
EXCUSED DATE OF APPROVAL
Lori Saine
2023-0086
PL2852
ATTENDANCE LIST
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