HomeMy WebLinkAbout20232960.tiffHEARING CERTIFICATION
DOCKET NO. 2023-66.A
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR23-0023, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS
AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT -
THOMAS AND MARJORIE BROWN, C/O CBEP SOLAR 27, LLC
A public hearing was conducted on October 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 — EXCUSED
Also present:
Acting Clerk to the Board, Jess Reid
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:
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 Thomas and Marjorie Brown, do CBEP Solar 27, LLC, for a Site Specific Development Plan
and Use by Special Review Permit, USR23-0023, 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,
stated the site is within the three (3) mile referral area of the Towns of Kersey and Garden City,
the Cities of Evans and Greeley, and is within the Coordinated Planning Agreement area of the
City of Evans and Town of Kersey. He added the site is within the Town of Kersey's Influence
Area, with a designation of Undetermined Use, and indicated, after meeting with the Town of
Kersey, the applicant does not wish to pursue annexation at this time. He described the
surrounding zoning and uses, mentioned notice was sent to nine (9) surrounding property
owners (SPOs), relayed SPO concerns, including setbacks, noise, drainage, vegetation, and
property values, and indicated a neighborhood meeting was held and one (1) SPO attended. He
shared, per the Development Review staff, access is onto County Road (CR) 47, which is an
existing, unpermitted access and will require an Access Permit. He noted there are no recent
traffic counts for this portion of CR 47, although 25 roundtrips of site -related traffic, per day, are
anticipated during construction and stated a Road Maintenance Agreement, for construction, and
a Final Drainage Report are required. Mr. Ogle indicated the Solar Energy Facility (SEF) will
encompass roughly 20 acres of the 79 -acre parcel, which currently and historically is/has been
used for crop production, utilizing the property owners' water shares. He discussed the
Landscaping and Screening Plan, mentioned the site is within an Airport Overlay district, entered
Cc: PL(TP/MN/10/MW)
(07/23
2023-2960
PL2889
HEARING CERTIFICATION - THOMAS AND MARJORIE BROWN, C/O CBEP SOLAR 27, LLC
(USR23-0023)
PAGE 2
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
confirmed the proposed access is still in compliance with the Weld County Code, even when
considering the proximity to the SEF that was approved, just prior to this case, and relayed there
are no proximity setbacks related to the other SEF. Responding to Chair Freeman, Mr. Ogle
clarified the previously approved SEF is across CR 47, to the west of this SEF, and confirmed for
Commissioner Ross that screening for this site is only on the north.
Lauren Light, Department of Public Health and Environment, stated screened portable toilets
can be used during construction. She discussed the Dust Abatement Plan and relayed the Noise
Study indicated the applicant can comply with the residential noise limit.
Zach Brammer, Cloudbreak Energy Partners, represented the applicant, provided a
PowerPoint presentation (Exhibit G) and stated the 20 -acre SEF can power roughly 1,200 homes.
He stated the landowner will use their existing water rights to irrigate the remaining 59 acres, and
the income from the SEF will allow them to continue to support the other agricultural operations
on their land. He read a letter from the landowners (Exhibit E), as they were not able to be present
at the hearing, which outlined their reasons for pursuing a SEF on their land. Mr. Brammer
indicated the portion of property that will contain the SEF is not considered Prime Farmland,
according to the United States Department of Agriculture (USDA). He outlined the site plan
adjustments that had been made to help mitigate impacts to the neighbors and read a draft Good
Neighbor Agreement (GNA) (Exhibit H), between the landowners and Gary and Susan Alles,
SPOs to the north.
. ='' Kevin Walker, representing Union Ditch Company, stated they were contacted by Mr. Brown
about a Crossing Agreement, but their Board has not been able to discuss it yet, due to harvest.
He indicated they have concerns about a setback and right-of-way, to be able to access the ditch,
as well as possible metal/chemical contamination to the ditch after rain or a hailstorm.
Mr. Brammer addressed Mr. Walker's concerns and stated there is currently 20 feet of
right-of-way between the proposed fence and the ditch and indicated they are happy to work with
the Union Ditch Company to extend that, if necessary. He relayed there are heavy metals in solar
panels, displayed an image outlining the types of metals and indicated recent Toxicity
Characteristic Leaching Procedure (TCLP) testing showed all metals are below toxic levels, per
the State of Colorado requirements. In response to Commissioner Buck, Mr. Brammer confirmed
the setback issue was resolved with Mr. and Mrs. Alles in the GNA and there was discussion
about whether or not the signed GNA could be added as a Condition of Approval (COA).
Steven Louis -Prescott, Hamre, Rodriguez, Ostrander and Prescott, P.C., represented
Mr. and Mrs. Alles, and clarified the intent of adding the COA is to make sure a signed GNA is in
place, prior to commencement of the proposed SEF. After discussion among staff and the Board,
it was determined the details of the GNA could be included in the Landscape and Screening Plan,
which has to be approved by Planning staff, and is already a COA (COA #1.E). Chair Freeman
expressed concern regarding the lack of a Crossing Agreement with the Union Ditch Company
2023-2960
PL2889
HEARING CERTIFICATION - THOMAS AND MARJORIE BROWN, C/O CBEP SOLAR 27, LLC
(USR23-0023)
PAGE 3
and Ms. McDougal suggested a continuance to allow the applicant adequate time to get the GNA
and the Crossing Agreement (COA #1.B) in place.
El Commissioner Buck moved to continue the matter to December 6, 2023, at 10:00 a.m., to
allow the applicant adequate time to get a Good Neighbor Agreement and a Crossing Agreement
in place. The motion was seconded by Commissioner James, and it carried unanimously. There
being no further discussion, the hearing was completed at 11:25 a.m.
This Certification was approved on the 18th day of October, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Weld County Clerk to the Board
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Deputy Clerk to the Boar
Mike eeman, Chair
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Kevin D. Ross �! '
2023-2960
PL2889
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