HomeMy WebLinkAbout20232760.tiffHEARING CERTIFICATION
DOCKET NO. 2023-63
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR23-0020, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT - ROBERT AND ALLISON JOHNSON, C/O CBEP SOLAR 20, LLC
A public hearing was conducted on September 27, 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
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:
fi 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 Robert and Allison Johnson (formerly Wake LLLP), do CBEP Solar 20, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR23-0020, 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,
described the sign posting, explained the site is an 81 -acre parcel located within the three (3) mile
referral areas of the Town of Kersey and the City of Greeley, and the Coordinated Planning
Agreement Area of the Town of Kersey, who returned a Notice of Inquiry (NOI), dated April 6,
2023, stating the Town of Kersey has no comments on the application and does not wish to pursue
annexation at this time. He relayed the City of Greeley and the Town of Kersey did not return
referral responses. Mr. Ogle described surrounding uses, and shared notice was sent to
surrounding property owners (SPOs), with one (1) letter received from a resident to the south with
concerns of property maintenance and historic views of the lands to the north. He shared the
applicant invited eight (8) property owners to a neighborhood meeting on August 7, 2023, five (5)
of whom attended, and discussions included construction hours, when construction will begin,
how the discount with Xcel Energy works, who owns the land, where the facility will be located on
the property, how far back the site will be from the county road, access location, who would
replace dead or dying trees, how trees will be irrigated, location of inverters, mitigation of
blackouts, humming noise from the power lines, and site security. He stated there are nine (9)
perfected USRs within one (1) mile of the site, and one (1) unperfected USR, immediately
adjacent to the east, permitted for a solar facility in 2023.
cc: PL. (TP/MNIKo /DA/t4'J)
10/23/23
2023-2760
PL2886
HEARING CERTIFICATION - ROBERT AND ALLISON JOHNSON, C/O CBEP SOLAR 20, LLC
(USR23-0020)
PAGE 2
Mr. Ogle shared, per the Development Review staff, access is onto County Road (CR) 66, at an
existing, unpermitted location, which permit shall be obtained as it appears to meet minimum
spacing criteria. He shared CR 66 is a local, gravel road, with no recent traffic counts, and
construction traffic will be 25 round trips per day, of which five (5) will be heavy duty trucks, and
four (4) vehicle trips per year, when the facility is in operation. He explained a Road Maintenance
Agreement is required, for construction, including, but not limited to, dust control, and damage
repair to specified haul routes. He shared the applicant has submitted a preliminary Drainage
Report, signed and stamped by a Colorado Professional Engineer, which is a Condition of
Approval (COA). He explained the facility footprint is approximately 37 acres, and area lighting is
not proposed. He shared this facility will be an agrivoltaics project, which uses the land for both
agriculture and solar energy generation, which will be the first of its kind in the county. He stated
the landowner will install a drip irrigation system around the solar project and grow alfalfa between
each of the solar panel rows, and grass pasture will be established underneath the panels. He
shared Rocky Mountain Junipers will be planted for screening and the site will be surrounded by
a seven (7) foot game fence. Mr. Ogle entered the favorable recommendation of the Planning
Commission into the record, as written, and displayed images of the site and surrounding views.
In response to Commissioner Ross, Mr. Ogle pointed out the location of specific residences in
relation to the site.
Lauren Light, Department of Public Health and Environment, stated screened, portable toilets
are adequate during construction, a Dust Abatement Plan was submitted indicating water will be
utilized during construction, and revegetation or chemical methods will mitigate dust during
operation. She shared they may use livestock or poultry for vegetation control, during operation,
and a Noise Study was completed which reveals requirements have been met. She explained
Environmental Health has eight (8) Development Standards (DS), which shall be adhered to and
there are no outstanding issues with this request.
--- Zach Brammer, CBEP Solar 20, LLC, stated the project will be called the Darling Ranch
Community Solar Project, which will combine agriculture and solar in a way that had not yet been
done, explaining 47 acres will be dedicated to the project allowing for production of alfalfa or
wheat alongside the solar facility. He explained a drip irrigation system will be installed under and
around the SEF, with 40 -foot -wide alleys to allow adequate space for combines and grain trucks
to continue farming. He stated the neighbors are in agreement with the vegetative screening along
the south side of the site, and the Noise Analysis was explained. In response to Commissioner
Ross, Mr. Brammer explained the alleyways are for turn -around of the farm equipment, the crop
will be planted between the panels, under the panels will be a pollinator habitat with the wheat or
alfalfa at the edge of the panels. He further stated the whole area will be farmed with drip irrigation,
and panel heights will remain the same, with spacing in between for growth of crops. In response
to Chair Freeman, Mr. Brammer explained the spacing between panels will be 33 feet.
Responding to Commissioner Ross, Mr. Brammer confirmed junipers will be maintained for the
life of the project.
IEI Chair Freeman, for reasons of transparency, relayed, for the record, CBEP Solar is a sponsor
of, with Mr. Brammer a speaker at, the Energy Symposium coordinated by Commissioner Saine,
which relationship does not produce a conflict of interest requiring recusal in these proceedings.
Commissioner Saine objected.
2023-2760
PL2886
HEARING CERTIFICATION - ROBERT AND ALLISON JOHNSON, C/O CBEP SOLAR 20, LLC
(USR23-0020)
PAGE 3
Rick Krumpeck, Platteville resident, asked what feeder Xcel is planning on tying into, the
12 Kilovolt (kv) or the 115kv? Mr. Brammer responded, this one will be a typical 12 kv distribution
line, not a transmission line.
In response to Commissioner James, Mr. Ogle confirmed 100% of the trees, which are a part
of the Screening Plan, have to be alive in order to avoid violation of the USR. The Board reviewed
the Conditions of Approval and Development Standards, and no changes or corrections were
made.
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.
---� Commissioner Ross stated, in the industrial aspect of SEFs, this is a unique project, and
comes the closest to meeting the intent of agrivoltaics, with a unique combination of ag production
alongside the solar energy project, and the screening is sufficient, thus he will be in support of
this project. Chair Freeman stated his opposition to industrial sites taking irrigated land out of
production; however, this project is leaving the irrigated production on the entire property and
raising alfalfa in between rows keeps the land in agricultural production, therefore, he expressed
his support of this facility.
El Commissioner James moved to approve the request of Robert and Allison Johnson,
do CBEP Solar 20, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR23-0020, 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 Ross, and it carried unanimously. There
being no further discussion, the hearing was completed at 10:59 a.m.
2023-2760
PL2886
HEARING CERTIFICATION - ROBERT AND ALLISON JOHNSON, C/O CBEP SOLAR 20, LLC
(USR23-0020)
PAGE 4
This Certification was approved on the 11th day of October, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddiavJ �
Weld County Clerk to the Board
B - 414111
Ming -_,-man, Chair
erry L. B
Deputy Clerk to the Boa �► "��/
Pro -Tern
Scott K. James
Lori Saine
2023-2760
PL2886
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