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Home My WebLink About20233112.tiffHEARING CERTIFICATION DOCKET NO. 2023-75.A RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR23-0031, FOR A 5.7 MW SOLAR ENERGY FACILITY (SEF) IN THE A (AGRICULTURAL) ZONE DISTRICT - LOUIS AND GINA FABRIZIUS, AND STANLEY AND CAROLYN HEINZE, C/O CBEP SOLAR 32, LLC A public hearing was conducted on October 18, 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, Chris Gathman Department of Public Health and Environment representative, Lauren Light Department of Planning Services, Development Review, Melissa King Department of Planning Services, Director Tom Parko The following business was transacted: . I hereby certify that pursuant to a notice dated September 12, 2023, and duly published September 15, 2023, in the Greeley Tribune, a public hearing was conducted to consider the request of Louis and Gina Fabrizius, and Stanley and Carolyn Heinze, do CBEP Solar 32, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR23-0031, for a 5.7 MW Solar Energy Facility (SEF) in the A (Agricultural) Zone District. County Attorney, Bruce Barker, made this a matter of record. El Chris Gathman, Department of Planning Services, presented a brief summary of the proposal, described the size and location of the site, and stated there will be one (1) temporary construction trailer, and two (2) permanent storage containers during the life of the facility. He shared 15 referrals were sent out, nine (9) were returned with comments, three (3) without comments, he described the surrounding Uses, and relayed Notice was sent out to seven (7) surrounding property owners (SPOs), and one response was received which expressed concerns about the removal of productive farm ground. He relayed a neighborhood meeting was held, with two (2) SPOs in attendance, and discussion included the removal of farm ground, screening, glare, and heat associated with the panels. Mr. Gathman stated the applicant has had to rent water to support the agricultural purposes of the property, thus the project would allow for more efficient use of water. He explained the site is located within the three (3) mile referral areas of the Town of Eaton and City of Greeley; the City of Greeley expressed no conflicts, the Town of Eaton indicated opposition to development due to the location and potential impact on future growth and development of the area. He indicated State Highway 392 is the town's southern growth boundary, being part of a major corridor, the town stated the site could remove valuable Cc : PL(TP/MN/Ce/k ) 11/16/23 2023-3112 PL2894 HEARING CERTIFICATION - LOUIS AND GINA FABRIZIUS, AND STANLEY AND CAROLYN HEINZE, CIO CBEP SOLAR 32, LLC (USR23-0031) PAGE 2 real estate, which could become commercial or residential development. He displayed the Future Growth Area of the Town of Eaton, and shared the soil types from the National Resources Conservation District Soil Report. Mr. Gathman entered the favorable recommendation of the Planning Commission into the record, as written, and displayed images of the site and surrounding views. = Lauren Light, Department of Public Health and Environment, stated with no permanent employees, temporary, screened portable toilets are acceptable during construction. She confirmed a Dust Abatement plan has been submitted utilizing water during construction and revegetation or chemical methods during operation, and sheep for vegetation control, and a Noise Study was completed which shows compliance with noise requirements. She said Environmental Health has eight (8) Development Standards (DS) to be adhered to and there are no outstanding issues with the request. e Brysen Daughton, CBEP Solar, described the Lucerne Community Solar Project. (Clerk's Note: See HE23-74 for a brief synopsis of the history of CBEP Solar.) He shared construction would begin in fall of 2024, proposing an expiration date of the USR in 40 years. He described the amount of electricity to be generated, and stated the need to lease water will be reallocated to help support the remaining agricultural production. He described the location of the site, which will be set back from State Highway 392, and noted the access road was moved to add a few more rows of panels. He shared the pilot produce farm will be located below the panels, will utilize five (5) acres for Agrivoltaics produce, in partnership with the University of Colorado, and utilize an on -site water tank to truck in water for this produce farm. He explained the Noise Study, discussed the Town of Eaton's Comprehensive Plan, and indicated the location of the site in relation to the Town's Urban Growth Boundary (UGB). He relayed a Decommissioning Plan will be set, stated there are no impacts to property values from a Solar Energy Facility (SEF), and described how hail damage is prevented by the panels turning vertically to prevent the most damage. He reviewed the materials used to manufacture the panels, and stated they have been through a Toxic Characteristic Leaching Procedure (TCLP) which is below Federal and State requirements of leaching levels. In response to Commissioner Saine, Mr. Daughton relayed the types of metals included. Bob Choate, Coan, Payton and Payne, represented the applicants and explained the Coordinated Planning Agreement (CPA) between the Town of Eaton and Weld County, referencing Chapter 19, Article 7, Appendix 19-G, of the Weld County Code. He stated the Town has expanded its UGB, since the County entered into the agreement, relaying the CPA states the County shouldn't approve Urban Level development outside the UGB; however, outside the area, non -urban development is allowable, and the subject site is non -urban. In response to Commissioner Saine, Mr. Choate stated the site is about two (2) miles from the UGB, as shown on the CPA and Appendix 19-G of the County Code. Stan Heinze, applicant, stated there is a shortage of power in the region, relayed other producers have experienced low voltage, and expressed his willingness to give up agriculturally productive acreage to support increased power. 2023-3112 PL2894 HEARING CERTIFICATION - LOUIS AND GINA FABRIZIUS, AND STANLEY AND CAROLYN HEINZE, C/O CBEP SOLAR 32, LLC (USR23-0031) PAGE 3 Vince Harris, Baseline Corporation, who serves as the Contract Planner for the Town of Eaton, shared the recent update to the Comprehensive Plan, which established a new southern UGB extending to State Highway 392. He expressed concern with a temporary use being 40 years, and stated, in 1999, Weld County and the Town of Eaton agreed to adopt the CPA. He referenced paragraphs six (6) and seven (7) of the agreement, which he read for the record. He further requested denial or tabling of these types of applications until the County and the Town can coordinate an updated CPA and consider when and where such applications should be allowed, and relayed the reasons the Town does not support SEFs within their boundaries. In response to Commissioner Ross, Mr. Harris stated the UGB that encompasses the location in question, was developed in Eaton's 2020 Comprehensive Plan Amendment, confirming the CPA has been in effect since 1999. Mr. Barker stated the boundary map was last updated in 2003. There was extensive conversation related to the dates of the boundary map and when the site location fell into the boundary. Commissioner James stated his duty is to follow the County Code, restating the verbiage of Section 19-7-40, and Mr. Barker stated the map in the Code is the map that should be considered. El Wesley LaVanchy, Town of Eaton Administrator, stated the Town is not opposed to solar, but they are being careful about the entryway into the Town. He expressed a desire to hold a coordinated, strategic conversation regarding the subjects of preserving agriculture, and the integrity for communities, and requested denial or a moratorium of these types of applications. Louis Fabrizius, applicant, stated he feels the Town of Eaton is overreaching into the county, and expressed his belief that this resource is needed for the farms, as there is a problem with power. In response to Commissioner Ross, Mr. Fabrizius explained the Agrivoltaics production is a way to introduce additional agriculture into the SEF locations. tri Mr. Daughton shared 40 years is a long time; however, the site will be conserved as agricultural land, and what will be left behind will be beneficial. In response to Commissioner Ross, Mr. Daughton explained the Agrivoltaic vegetable production will be irrigated via trucked water. In response to Commissioner James, Mr. Gathman confirmed the access permit is required by CDOT, and an acceptable Drainage Report will be required. ~ Melissa King, Development Review, stated the traffic narrative did not address the water hauling. Ci In response to Commissioner Ross, Tom Parko, Director of the Department of Planning Services, stated there is no record of receiving the updated UGB map discussed today. Mr. Parko explained, if an updated map had been received, Chapter 19 would have been updated. He shared he has had conversations and emails correspondence with the Town of Eaton, over the last several years, to update a Coordinated Planning Agreement. In response to Commissioner Saine, Mr. Parko relayed, there is currently not a definition for solar fitting into Urban Scale Development. Mr. Choate explained the CPA with the Town defines Urban and Non -urban development, with urban development requiring sewer, streets, and water, whereas non -urban development does not need those things. There was additional discussion among the Board and Staff regarding the UGB lines. Commissioner Saine expressed her prerogative to 2023-3112 PL2894 HEARING CERTIFICATION - LOUIS AND GINA FABRIZIUS, AND STANLEY AND CAROLYN HEINZE, C/O CBEP SOLAR 32, LLC (USR23-0031) PAGE 4 respond to issues the applicant references. Mr. Gathman explained the current Development Standards are standard and may not be up to the 40 -year lifespan of the SEF. Mr. Barker stated an end date to a USR has been approved in the past; however, he does not believe it to be appropriate in this case. The Board reviewed the Conditions of Approval and Development Standards, and no changes or corrections were made. There was additional conversation related to the transportation aspect and the ability to rely on truck traffic to water the five (5) acre Agrivoltaic production. Ms. King advised CDOT will be the gatekeeper for the traffic, depending on where the water comes from. She relayed an additional DS has been sent to the Clerk to the Board to include the traffic implication of the Agrivoltaic production for the additional five (5) acres. After discussion, Chair Freeman suggested a continuance to allow the applicant the opportunity to modify the request with additional information. Commissioner James moved to continue the matter to December 20, 2023, at 9:00 a.m., to allow Louis and Gina Fabrizius, and Stanley and Carolyn Heinze, c/o CBEP Solar 32, LLC, adequate time to modify the request and provide additional information for a Site Specific Development Plan and Use by Special Review Permit, USR23-0031, for a 5.7 MW Solar Energy Facility (SEF) in the A (Agricultural) Zone District. The motion was seconded by Commissioner Buck, it carried unanimously. There being no further discussion, the hearing was completed at 12:46 p.m. This Certification was approved on the 1st day of November, 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddr/44) adto;ok Weld County Clerk to the Board Deputy Clerk to the Board ��we•.- Mi - -eman, Chair Per y L.j= uck, Pro-Tem cott K. James in D. Ross Lo?inine 2023-3112 PL2894 ATTENDANCE LIST NAME - PLEASE PRINT keralala o Si44 1.( P F LF 41EL Ali. ADDRESS (CITY, STATE ZIP) /ZN g-.3 l(7-( /(14,:j EMAIL EJ>Ne�� S cLe-fe e c 2<1341 K�.�o Ci6 S ekL✓v, A v � 414 v 23t 91- we -5/ lc -ft tirvt,1- v�L Pk ./ L cd S COUNTY OF SPEAKING RESIDENCE (YIN)? Hello