HomeMy WebLinkAbout20233212.tiffHEARING CERTIFICATION
DOCKET NO. 2023-78
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR23-0034, FOR A 5.8 MW SOLAR ENERGY FACILITY (SEF) IN THE
A (AGRICULTURAL) ZONE DISTRICT - BARRY JAMES REIDER LIVING TRUST,
AND JULIE ANN NELSON LIVING TRUST, C/O CBEP SOLAR 17, LLC
A public hearing was conducted on November 22, 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 — EXCUSED
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jan Warwick
Assistant County Attorney, Karin McDougal
Department of Planning Services representative, Chris Gathman
Department of Public Health and Environment representative, Lauren Light
Department of Planning Services, Development Review, Melissa King
The following business was transacted:
El 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 Barry James Reider Living Trust, and Julie Ann Nelson Living Trust,
c/o CBEP Solar 17, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR23-0034, for a 5.8 MW Solar Energy Facility (SEF) in the A (Agricultural) Zone District.
Karin McDougal, Assistant County Attorney, made this a matter of record.
Chris Gathman, Department of Planning Services, presented a brief summary of the proposal
and relayed 19 referrals were sent out, nine (9) were returned with comments, and six (6) without
comments. He stated one (1) temporary construction trailer, and two 10 x 40 -foot storage
containers are proposed to be onsite during construction, as well as during operation of the facility.
He explained the solar site will be enclosed by a game fence, at least seven (7) feet high, a native
seed mixture will be planted, and up to 5,000 sheep will be grazed to maintain the height of the
vegetation. Mr. Gathman relayed two (2) to four (4) employees will visit the site for operational
maintenance approximately two (2) times per year, and screening will be a fence line along the
neighboring property line. He stated Notice was sent to four (4) surrounding property owners
(SPOs), one (1) of whom responded with comments regarding potential health issues from heavy
metals and solar operations, fire concerns, proximity to their residence, concerns with
electromagnetic pulses, viewshed concerns, and potential property value impacts. He relayed the
Weld County Office of Emergency Management, and the Town of Nunn Fire Protection District
did not provide referral comments. (Clerk's Note: Subsequent to the hearing, Planning Staff
submitted an email dated, November 22, 2023, marked Exhibit G, confirming the property is within
the boundary of the Ault Fire Protection District as reflected in the public record.) He relayed the
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2023-3212
PL2895
HEARING CERTIFICATION - BARRY JAMES REIDER LIVING TRUST,
AND JULIE ANN NELSON LIVING TRUST, C/O CBEP SOLAR 17, LLC (USR23-0034)
PAGE 2
site is within the Coordinated Planning Agreement area of the Town of Ault, thus a Notice of
Inquiry (NOI) was sent, but no response was returned; the site is also within the three (3) mile
referral area of the Town of Ault, who responded with no conflicts, since the property is located
outside their Planning Area. Mr. Gathman reviewed the Soil Report and stated no farmland is
being removed from production for this project. He shared, per the Development Review staff, the
existing access is onto County Road (CR) 39, which is a local, gravel road that requires 60 feet
of right-of-way, and the applicant will be required to obtain a commercial access permit. He
relayed construction traffic is anticipated to generate approximately 25 round trips per day, of
which, five (5) will be heavy duty trucks and operational traffic will be four (4) passenger vehicle
round -trips per year. Additionally, a Road Maintenance Agreement for construction is required,
including, but not limited to, dust control and damage repair to specified haul routes. He shared
an acceptable Drainage Report has been submitted, which states the site qualifies for a
stormwater detention exception. 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 screened portable toilets
may be utilized during construction, a Dust Abatement Plan was submitted, which indicated water
would be used during construction, revegetation or chemical methods would be used during
operation, and sheep will be brought in for vegetation control. She relayed a Noise Study was
completed by TRC Companies, which concluded the noise levels will meet the noise
requirements, and there are eight (8) Development Standards (DS) to be adhered to.
Brysen Daughten, CBEP, was present to represent the applicant. JEJ Chair Freeman
explained the procedures to follow should the case result in a tie vote due to four (4)
Commissioners being present and Commissioner Ross being excused. Mr. Daughten shared his
slide show presentation, marked Exhibit F, and explained how local land maintenance will be
recruited, local sheep will be brought in, and a local student, interested in renewable energy, will
be given a scholarship. He stated the site is an established dryland pasture parcel, there are no
existing water rights, and the site is under a dry -up covenant. He stated the proposed use will
provide the applicant with a long-term, stable income, and confirmed a contract has been awarded
through Xcel Energy, a Decommission Bond will be provided, and a Road Maintenance
agreement will be entered into with the County. He described the proposed screened fencing,
and explained the health concerns from potential toxic metals and any electromagnetic
interference. Mr. Daughten elaborated on the additional neighboring concerns of the facility,
including fire hazards, property values, and wildlife impacts. In response to Commissioner James,
Mr. Daughten explained the procedure in the event of a catastrophic event on the facility and
relayed CBEP will own the fence, and the shepherd will offer different levels of maintenance.
El Barry Reider, applicant, spoke in favor of the facility and shared his relationship with CBEP.
El Michael Woodruff, neighbor, brought a bottle of water potentially containing minerals from a
crushed solar panel and offered a drink of water to anyone who wanted. He stated the water from
a well on his property services his garden, animals, lawn, and any pasture grass, explaining the
minerals could accumulate for consumption by his family. Mr. Woodruff stated catastrophic
doesn't always happen, but his research of solar facilities has revealed occurrences they would
2023-3212
PL2895
HEARING CERTIFICATION - BARRY JAMES REIDER LIVING TRUST,
AND JULIE ANN NELSON LIVING TRUST, 0/O CBEP SOLAR 17, LLC (USR23-0034)
PAGE 3
not like to see. He requested the Fire Districts for the Towns of Ault and Pierce be advised of the
project and expressed his objection to the facility. In response to Commissioner James,
Mr. Gathman confirmed the Town of Eaton is the Fire District the site is located in. In response
Chair Freeman, Mr. Woodruff expressed his approval of the wood fence for screening. (Clerk's
Note: Subsequent to the hearing, Planning Staff submitted an email dated, November 22, 2023,
marked Exhibit G, confirming the property is within the boundary of the Ault Fire Protection District
as reflected in the public record.)
IE Mr. Daughten explained the installation of a berm was dismissed due to the potential of
flooding. Ms. King explained, in regard to the Stormwater Management, a detention exception is
currently met as specified in Section 23-4-130, and a berm would negatively impact the Woodruff
property. In response to Chair Freeman, Ms. King confirmed the berm would reduce the historical
flow of water. In response to Commissioner James, Ms. King confirmed it would be against the
code to alter historical drainage flows.
IR The Board reviewed the Conditions of Approval and Development Standards, and no
changes or corrections were made.
In response to Chair Freeman, Mr. Daughten indicated they had reviewed, and agreed to
abide by, the Conditions of Approval and Development Standards, as presented.
Commissioner James moved to approve the request of Barry James Reider Living Trust, and
Julie Ann Nelson Living Trust, c/o CBEP Solar 17, LLC, for a Site Specific Development Plan and
Use by Special Review Permit, USR23-0034, for a 5.8 MW Solar Energy Facility (SEF) 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. Chair Freeman commented, since the request
meets the screening requirements and a maintenance plan is proposed, he will support the
application. There being no further discussion, the motion carried unanimously and the hearing
was completed at 10:43 a.m.
2023-3212
PL2895
HEARING CERTIFICATION - BARRY JAMES REIDER LIVING TRUST,
AND JULIE ANN NELSON LIVING TRUST, C/O CBEP SOLAR 17, LLC (USR23-0034)
PAGE 4
This Certification was approved on the 6th day of December, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to the Board
BY: • Vjai`
Deputy Clerk to the Boar
Lori Saine
2023-3212
PL2895
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