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Home My WebLink About20232758.tiffINVENTORY OF ITEMS FOR CONSIDERATION Applicant Wake, LLLP c/o CBEP Solar 20 LLC Case Number USR23-0020 Submitted or Prepared Prior to Hearing At Hearing 1 Sign Planting Photograph and Affidavit X 2 Memorandum of Ownership Change X 3 Neighborhood Meeting Minutes and Sign in Sheet dated August 7, 2023 X 4 SPO Pyell Letter X 5 Planning Responses to Pyell Inquiry X I hereby certify that the items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. Kim Ogi Planner PLANNING COMMISSION AND BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE The last day to post the sign is August 25, 2023 the sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property being considered for a special review is not adjacent to a publicly maintained road right-of-way, the department of planning services shall post one sign in the most prominent place on the property and post a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. I, Kim Ogle, hereby certify under penalties of perjury that the sign was posted on the property at least ten days before the Planning Commissioners hearing and the Board of Commissioners hearing for: 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 KIM OGLE Name of Person Posting Sign Signature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD } The foregoing instrument was subscribed and sworn to me this, day of WITNESS my hand and official seal. andbrin Notary Public My Commission Expires: f"/Gin 2023 na- KRISTINE RANSLEM NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20124034827 MY COMMISSION EXPIRES JUNE 05, 2024 • I =Wet — Ise ieir Serrhitag 2444 • liar Seettiteatits�7 Lb . .�� f y1z .` Ii t -.I , , T L , - -4 -.,-. k, '. Y N,31(.- i.A•4"' 1.4, 4147-'1, , I. 14; l 1 , 1- l, tAI LS 1Ciff ats ,� •4-�� s 1 vk ;41-1.. rR. t y iii MEMORANDUM TO: Planning Commission and Board of County Commissioners DATE: September 5, 2023 FROM: Kim Ogle, Planning Services SUBJECT: USR23-0020, CBEP Solar 20, LLC c/o Zach Brammer, P.O. Box 1255, Sterling, CO 80751 At time of application in June 2023 Wake LLLP a Colorado limited liability partnership, with A. Bruce Johnson, General Manager was listed as the property owner. The case was set under this ownership name with referrals and legal notice sent out for this case. On August 3, 2023 a Special Warranty Deed was recorded under reception number 4913057 transferring Title of the property from Wake [LIP a Colorado limited liability partnership to Robert W. Johnson and Allison S. Johnson whose legal address is 1100 Shoreline Drive, Windsor, CO 80558 The property is described as follows: E2SW4 Section 24, Township 6 North, Range 65 West of the 6th P.M., Weld County, CO also known by street address as: 23279 County Road 66, Greeley, CO 80631 This property is also associated with the pending land use case USR23-0020 for a Site Specific Development Plan and Use by Special Review Permit for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District EXHIBIT v54, tip, ow1,11 s � '+ I OLIO! UO/UO/LULO Vim. I'-+ /`1IVI Total Pages: 1 Rec Fee: $13.00 Doc Fee: $92.50 Carly Koppes - Clerk and Recorder, Weld County , CO SPECIAL WARRANTY DEED THIS DEED is dated the 2nd day of August, 2023, and is made between (whether one, or more than one), WAKE, LLLP, a Colorado limited liability limited partnership the "Grantor" of the County of Weld and State of Colorado and Robert W. Johnson and Allison S. Johnson (whether one, or more than one), the "Grantee", whose legal address is 80631 of the County of Weld and State of Colorado. State Doc Fee. $92.50 Recording Fee: $23.00 WITNESS, that the Grantor, for and in consideration of the sum of Nine Hundred Twenty Five Thousand Dollars and No Cents ($925,000.00), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with any improvements thereon, located in the County of Weld and State of Colorado described as follows: E-1/2SW1/4 of Section 24, Township 6 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. also known by street address as: 23279 County Road 66, Greeley, CO 80631 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, and the Grantee's heirs and assigns forever. The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree that the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, in the quiet and peaceable possession of the Grantee and the heirs and assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof, by, through, or under the Grantor except and subject to: Statutory Exceptions as defined in C.R.S. § 38-30- 113(5)(a). IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. Wake LLLP a- /� By: r&ThZtttt- A. Bruce Johnson as General Partner State of Colorado County of 2/94 The foregoing instrument was acknowledged before me this 2nd day of August, 2023 by A Bruce Johnson as General Partner of LLLP, a Colorado limited liability limited partnership. Notary Public: My Commission Expires: Stewart Title File No.: 2059228 Statutory Special Warranty Deed CO 1r1:7LV I:2;:111:::: rt 1 .. ,~l , ,Th L r , .r •w'.. viever .......,...r,...........:,,) Page 1of1 Planner: Case Number: Property Owner: Applicant: Request: Legal Description: Location: Size of Parcel: LAND USE APPLICATION SUMMARY Kim Ogle Hearing Date: September 5, 2023 USR23-0020 Wake LLLP, c/o A. Bruce Johnson, 801 8th Street, Suite 220, Greeley, CO 80631 CBEP Solar 20, LLC c/o Zach Brammer, P.O. Box 1255, Sterling, CO 80751 Site Specific Development Plan and Use by Special Review Permit for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District. E2SW4 of Section 24, T6N ; R65W of the 6th P.M., Weld County, Colorado North of and adjacent to County Road 66 approximately 1300 -feet east of County Road 47 ± 81.24 acres Parcel No. 0803-24-0-00-009 The criteria for review of this Use by Special Review Permit are listed in Section 23-2-220 and Section 23-4- 1030 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: • Colorado Parks and Wildlife, referral dated May 17, 2023 • Weld County Department of Planning Services — Development Review, referral dated June 16, 2023 • Weld County Department of Public Health and Environment, referral dated June 22, 2023 • Public Service of Colorado (Xcel Energy), referral dated July 6, 2023 • Colorado Division of Water Resources, referral dated July 10, 2023 The Department of Planning Services' staff has received referral responses without comments from the following agencies: • Weld County Sheriffs Office, referral dated June 13, 2023 • Weld County Department of Planning Services — Building Inspection, referral dated June 13, 2023 • New Cache La Poudre Irrigating Company, referral dated June 14, 2023 Weld County RE -2 Schools, referral dated June 14, 2023 • Weld County Oil and Gas Energy Department, referral dated June 22, 2023 The Department of Planning Services' staff has not received responses from the following agencies: • Roth Ditch • City of Greeley • Town of Kersey Noble Energy/Chevron • Galeton Fire Department • Greeley Weld County Airport • Weld County Office of Emergency Management • USDA - Natural Resources Conservation Service • Weld County Department of Planning Services - Code Compliance DARLING RANCH - CBEP Solar 20 N eighborhood Meeting Minutes Greeley Recreation Center Room 101B Mon, Aug 7, 2023 Start Time: 6:42 PM End Time: 7:19 PM Speaker: Zachary Brammer N eighboring properties invited: - Feit Farms 1 LLC - 1534 64th Ave: - Pamela Wanek - 23541 County Road 66: - Richard and Tammy Lawhead - 23500 Highway 392: - David Wayne Cogburn - 25394 County Road 59: - Robert L Reynolds - 23526 County Road 66: - Marilyn Lutz - 6309 W 5th St Rd: - Claudette and Randal Pyell - 23346 County Road 66: - Marcia and Timothy Lutters - 23340 County Road 66: In Attendance (Signed in): -Marcia Lutters -Rick Lutz -Claudette Pyell - Randal Pyell -Doug Templeton -Bob Reynolds Presentation: - https://docs.google.com/presentation/d/1-BCFc4MujbUSkwHXL-U833PruPVUg35n?rtpof=true&u sp=dr vejs Opening Q&A Questions: - What will the traffic on CR-66 be like? Zach Explains the traffic and construction patterns. - Whatare the times you will be pounding in the pilons? — Pile -driving days and time period Zach explains the pile driving process during construction. Asks that CBEP makes sure that the pile driving only happened during normal work hours, and not on weekends. Zach Explains that this will be the case. - When is construction starting? Zach — roughly the fall of 2024 but this depends on construction equipment procurement. - How is the discount work for Xcel Energy? Zach — Explains the Xcel community solar rewards program. - What is the backup "how are you actually getting on the grid"? — mentioned how some solar doesn't get built. Zach Explains the Xcel solar interconnection process. - What will the hours and days of work operation be? Zach Explains the number of visitors and process of the project operation. - Who owns the land? Zach — The Johnson's The Johnson's in attendance say hello from the back of the room. - What is the length of the lease contract? Zach explains the 20 -year contracts and extension options. - What will "the front of the project" look like? Zach shows pictures of current projects and explains the setback from the road and the access road that will be on the south side of the project. - How far back from the road will the project be? Zach — 320 ft - What will the access road look like and where will it be? Zach - Shows on map where the access road will be. - How large will the trees be when planted? Zach — five to six feet when planted. - If one tree dies, can we call you? Zach - Yes of course, we will also be checking in on the trees periodically. - Shows pictures of overgrown solar "this is what we don't want." Zach — "we don't want that either." Zach — Explains that this will be a agrivoltaicas project which will mean that there will be no weeds on it and the land will still be farmed. - How will it be irrigated? Rob Johnson speaks on farming plan for agrivoltaics, irrigation plans, and specific crops. - How will the piledriving work with tape irrigation? Zach — talks on how we will work around the irrigation during construction using markings/flags. - Are those panels rotating east to west? Zach — Yes, the panels will be oriented north to south and will track the sun east to west. - Are you running the program nearby? (Referenced another solar project) Zach - No the project on CR 14 is not our project. - Will panels interfere with pilots? Zach — Explains the FAA studies and other projects that are located close to airports in CO. - How will the panels deal with getting dirty through irrigation? Zach — Explains how the rain and our O&M crew keeps them clean. - Can you send us information on the Xcel community solar program? Zach — Yes of course, we will follow up with an email with information. - Is the access road an existing road? Zach — yes, it is, we will be improving the road to meet county code. - Where are the inverters located? Zach — shows on the map where the inverters will be, points out that the map is outdated and that one of the inverters shown on the south side will be moved to the middle. - Will this help us with electrical blackouts? Zach — Explains how the project will have emergency shutoff systems. - How will this interfere with the transformers? Zach — Explains how we work with excel to upgrade the necessary infrastructure during the interconnection process to make sure that all systems can handle the added load to the electrical grid. - Will this add any powerlines along CR - 66? Zach — No this will not, we will be adding 5 poles on the property itself and then tapping into the power lines as it is on CR-66. - Are the panels going to change (Row width difference due to agrivoltaics)? Zach — Explains how the current map is outdated and that the panels will be further apart in order for the agtrivoltaics plan to work out, 33ft apart, the new site plans will have this updated. - Will the power lines make a humming noise? Zach -- No the added load on the powerlines will not make any additional noise. - Where will the permanent buildings be? Zach — Points out on the site plan map where the permanent buildings will be located. - How will we deal with trespassing? Zach -- Explains that there will be interior facing security cameras and the game fence around the exterior of the project. - How far away from the ditch will the project be? Zach — The access road will be crossing the ditch on the south side of the property. - If there is any change to the ditch company needs to go through the Union Lateral ditch company Zach — Explains how we are working with the ditch company currently with the most likely outcome of a crossing agreement. CLOUDEREAK 4 10LILLWW1 41Man Mal n at `DlatiC- 111 alt/aIrt21c a uaniittliswtn:tA'OMtf.i inioavigiumituritilltailailtaltlallintlaifillatailliaigai CBEP SOLAR 20, LLC PO BOX 1255 STERLING, CO 80751 (970) 425-317S INFO r@CLOUDBREAKENERCY.COM DARLING RANCH COMMUNITY MEETING SIGN -IN SHEET NAME ADDRESS EMAIL SIGNATURE Mnfters CJk (Q(P 4rer.Je4 l4 LattP'≥ kd+ers&rtkd?v m . 233L10 �t� `„k �?'� 2i`ckLJ/yfz4pm.tv 3Ifl9cpQ. . 7,121,A, C •ud Petit(, Creed, ftpy�/l�.�o�? 3334L CR Ws, AtibeidixedudoR 3zozoGQ. ‘oce Gitat.ca. Cr � at-ten/4 E-ra-1 .__ gailh• rd, Raw sw 49C 0.g RLYM.•V> As race uhic2 CC, cash.e7. /� �'. Rn�...eB� IhQQ1te+L/4a- A, Jcr' /�eipt�✓a.cSa hs. M--Cq/]bt tGw I t Nt I From: Claudette Pyell <cspyell@yahoo.com> Sent: Thursday, June 22, 2023 8:58 AM To: ePermitCenter <epermitcenter@co.weld.co.us> Subject: USR23-0020 Brammer Zachary CBEP Solar 5 LLC permit questions Caution This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Permit center, Not sure if I leave my concerns directed to this email. This is regarding the solar field that is working on getting a permit across the street from my property. County Rd 66 & County RD 47 for USR23-0020 Brammer Zachary CBEP Solar 5 LLC. Talked with Byson yesterday. He said the contract with the land is for 20 years but can go up to 40 years. How can we guarantee the property would be up kept from weeds and looks. From our front porch view would be side view of the solar panels. Byson stated they would plant juniper trees How can we guarantee if a tree dies that it would be replaced and up kept. We live near the airport. Planes fly over and around our home all the time. We also have a crop duster. We truly enjoy them. The glare can effect the pilots. Bryson stated that is special coating for those situation. How can we guarantee the safety of the pilots and the safety of all? Let me know if this is not the correct place for the concerns. The letter stated we need to respond before July 11 2023. If using the below phone number leave a message if I do not answer. Thank you, Claudette Pyell 23346 CR 66 Greeley, Co. 80631 970-556-5729 EXHIBIT et usr2 2S-oaao From: Kim Ogle <kogle@weld.gov> Sent: Sunday, June 25, 2023 12:44 PM To: cspyell@yahoo.com Cc: Kim Ogle <kogle@weld.gov> Subject: Cloudbreak Solar - Darling Ranch Hello Claudette Pyell, I am responding to your inquiry of June 22, 2023, regarding the proposed CBEP 20, LLC Solar energy Facility located on an adjacent property north of County Road 66. In response to your inquiry, you stated: Talked with Byson yesterday. He said the contract with the land is for 20 years but can go up to 40 years. Brysen is correct the term of the lease on the Wake LLLP property is twenty (20) years with an option of four (4) additional five (5) year terms, operational life. The Decommission and Reclamation plan submitted with the application indicates that the site will be decommissioned and reclaimed at the end of the lease term. Much of the equipment is recyclable. In the event the application is approved, the applicant will work with staff to ensure the surety for the Decommission Plan meets Weld County standards. The applicant shall submit an irrevocable standby letter of credit, bond, or alternate form of security in an amount sufficient to fund the estimated decommissioning/reclamation costs required by Section 23-4-1030.B.4 of the Weld County Code, for acceptance and approval by the Weld County Board of County Commissioners. Once approved, the Decommissioning and Reclamation Plan shall be updated to include the approved security information How can we guarantee the property would be up kept from weeds and looks. The County regulates on site activities with Development Standards or rules for a facility to operate. Three Development Standards regulate landscape treatment: The site shall be maintained in accordance with accepted Property Maintenance Plan The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code The property owner or operator shall be responsible for complying with all the foregoing Development Standards. Noncompliance with any of the foregoing EXHIBIT I U.sKa3-ooa0 Development Standards may be reason for revocation of the Permit by the Board of County Commissioners From our front porch view would beside view of the solar panels. Byson stated they would plant juniper trees A condition of permit approval is for the applicant to submit to the Department of Planning Services any screening waivers from residents within five hundred (500) feet. If waivers are not obtained opaque screening is required per the accepted Department of Planning Services Landscape and Screening plan How can we guarantee if a tree dies that it would be replaced and up kept. Landscaped areas shall be maintained by the owner/tenant of the property, including landscaped areas within the adjacent right- f -ay. Maintenance shall Include, but not be limited to, irrigating, mowing, pruning, removal of trash and weeds, and replacement of any required plantings that become diseased infested or otherwise unhealthy shall be replaced within the growing season or next calendar year whichever occurs sooner. We live near the airport Planes fly over and around our home all the time. We also have a crop duster. We truly enjoy them. The glare can affect the pilot Bryson stated that is special coating for those situation. How can we guarantee the safety of the pilots and the safety of all? A requirement of the application is to address Glare. The SEF shall be placed so that concentrated solar glare from its solar collectors will not be directed toward or onto nearby properties or roadways at any time of the day The Greeley Weld County Airport Authority was sent a request for comment. As of today, a response has not been received indicating that there are concerns with the solar energy facility. Let me know if this is not the correct place for the concerns. The letter stated we need to respond before July 11, 2023. 1 am the case planner who will be reviewing the case for compliance with the Weld County Code. My points of contact are listed below. Please let me know if there are additional questions. Thank you for your interest in this land use case and application process. Kind regards, Kim Kim Ogle Principal Planner Weld County Planning Services 1402 N. 17th Avenue I Greeley 970.400.6100 Office 970.400.3549 Direct kogle@weld.gov Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Hello