HomeMy WebLinkAbout20180230.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND MAJOR AMENDMENT USE
BY SPECIAL REVIEW PERMIT, 1 MJUSRI7-15-0019, FOR (KENNEL UP TO 35 DOGS)
TO INCLUDE A SMALL-SCALE SOLAR FACILITY IN THE A (AGRICULTURAL) ZONE
DISTRICT - ANNE BACKSTROM, C/O COMMUNITY POWER GROUP, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 24th day of
January, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Anne Backstrom, 14230 CR 36, Platteville, CO 80651, do Community Power
Group, LLC, 4849 Rugby Avenue, Suite 1000, Bethesda, MD 20814, for a Site Specific
Development Plan and Major Amendment Use by Special Review Permit, 1MJUSR17-15-0019,
for (kennel up to 35 dogs) to include a Small -Scale Solar Facility in the A (Agricultural) Zone
District, on the following described real estate, being more particularly described as follows:
Part of the NW1/4 of Section 9, Township 3 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and represented by Jacob Bobrow,
1120 West 12th Avenue, Denver, Colorado 80223, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of
agricultural land to nonurban residential, commercial, and industrial
uses should be accommodated when the subject site is in an area
that can support such development, and should attempt to be
compatible with the region."The proposed small-scale solar facility
is located on an existing agricultural property. The siting and size of
the solar facility will result in little to no impact to existing irrigated
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SPECIAL REVIEW PERMIT (1MJUSR17-15-0019) - ANNE BACKSTROM, CIO COMMUNITY
POWER GROUP, LLC
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farmground on the property. A Development Standard has been
attached (as under the previously approved USR) requiring the
dogs to be kept indoors during nighttime hours. Traffic to the kennel
site will be minimal. Visitors to the kennel will be by appointment
only.
2) Section 22-5-140.A.5 (AE.Policy 1.5) states: "Support the
development and use of solar energy." The applicant has indicated
that the small scale solar facility is proposed to provide discounted
electrical service to lower income residents.
3) Section 22-2-80.F (I.Goal 6) states: "Minimize the incompatibilities
that occur between industrial uses and surrounding properties. "The
proposed use is in an area that can support this development and
the landscaping/screening requirement, and the Conditions of
Approval and Development Standards will assist in mitigating the
impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses and the region.
4) Section 22-5-30.C (W.Goal 3) states: "Coordinate with local, state
and federal agencies to identify, conserve, protect or enhance
critical fish and wildlife habitat by attempting to implement
measures for the protection or enhancement of such areas."
Colorado Parks and Wildlife, in the referral dated November 15,
2017, stated that the proposed amended USR is located in close
proximity to active red -tail hawk nests in the area and recommends
no surface encroachment within 1/3 mile (1,760 feet) of the hawk
nests. The location of the hawk nests, as identified on the map
attachment provided by Colorado Parks and Wildlife, is located over
2,000 feet from the kennel facility approved under USR15-0019 and
a further distance from the proposed small-scale solar facility
location.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. The A (Agricultural) Zone District is also
intended to provide areas for the conduct of Uses by Special Review which
have been determined to be more intense or to have a potentially greater
impact than Uses allowed by right. The size of the solar facility, minimal
traffic, and location of the proposed use of the property, limit the impacts to
surrounding properties and limits impacts to the farmground on the property
that it is proposed to be located on, make this use consistent with the intent
of the Agricultural Zone District.
Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The small-scale solar facility is
proposed to be located in the southeastern portion of a 120 -acre parcel.
The facility will occupy less than one (1) acre of the property. Farmground
is located to the east and west of the facility. The nearest residence is
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located approximately 500 feet to the north of the proposed facility. There
are two (2) existing kennel facilities (approved under USR-1748 and
USR-1756 respectively) to the east and west of the property. One
electronic mail was received November 17, 2017, inquiring about the exact
location of the solar facility on the property. No additional correspondence
or phone calls have been received from surrounding property owners
regarding this application. The Conditions of Approval and Development
Standards are attached to mitigate impacts on surrounding land uses. A
landscape and screening plan is required for the facility. Additionally, a
Development Standard has been attached requiring dogs to be kept
indoors during nighttime hours.
D. Section 23-2-230.B.4 -- The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within the three (3) mile referral area of
the Towns of Gilcrest and Platteville. The Town of Platteville, in the referral
response dated November 13, 2017, indicated no concerns. No referral
response has been received from the Town of Gilcrest.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
Geologic Hazard Overlay District, a Special Flood Hazard Area or the
Airport Overlay District. Building Permits issued on the lot will be required
to adhere to the fee structure of the County -Wide Road Impact Fee, County
Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed facility is located on approximately one (1) acre
delineated as "Prime (Irrigated)," per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. The boundary of the entire
parcel is 120 acres. According to the site plan map, the proposed solar
facility will be situated in a location that avoids existing irrigated (pivot
irrigation) areas on the property. The kennel buildings (approved under
USR15-0019) are located in a fenced area and are adjacent to the existing
residences and outbuildings on the property.
G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
H. Section 23-4-1030 — The applicant has demonstrated compliance with the
Solar Facility Criteria outlined in Chapter 23, Article IV, Division 15, of the
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Weld County Code. The applicant has demonstrated compliance with the
Solar Facility Criteria in the application materials. Remaining criteria
(landscaping and screening/setbacks) are addressed through Conditions
of Approval and Development Standards. The Platte Valley Irrigation
Company (who maintains the Evans No. 2 Ditch) has responded with no
concerns in the referral dated, December 13, 2017.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Anne Backstrom, c/o Community Power Group, LLC, for
a Site Specific Development Plan and Major Amendment Use by Special Review Permit,
1MJUSR17-15-0019, for (kennel up to 35 dogs) to include a Small -Scale Solar Facility in the
A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
1. Prior to recording the Map:
A. The applicant shall submit an Erosion Control Plan and a Vegetation Plan
prior to recording the USR Map.
B. The applicant shall attempt to address the comments of Colorado Parks
and Wildlife, as stated in the referral letter, dated November 15, 2017.
C. A Screening Plan shall be submitted to the Department of Planning
Services for review and approval. The solar facility shall be screened by
either decorative fencing, berming and/or vegetation or a combination
thereof. The screening plan shall focus on screening the small solar facility
from the nearest existing residences to the north and northwest of the site.
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled 1MJUSR17-15-0019.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The buildings and improvements associated with the kennel facility
(originally approved under USR15-0019) shall be indicated on the
plat.
5) The applicant shall delineate on the map the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
6) The map shall delineate the landscaping and/or screening.
7) The map shall delineate the lighting.
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8) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code.
9) The applicant shall show the drainage flow arrows.
10) County Road 29 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road which requires
60 feet of right-of-way at full buildout. The applicant shall delineate
on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
11) County Road 36 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road which requires
60 feet of right-of-way at full buildout. The applicant shall delineate
on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by
Weld County.
12) Show and label the approved access locations, and the appropriate
turning radii (60') on the site plan. The applicant must obtain an
access permit in the approved location(s) prior to construction.
13) Show and label the entrance gate, if applicable. An access
approach that is gated shall be designed so that the longest vehicle
(including trailers) using the access can completely clear the
traveled way when the gate is closed. In no event shall the distance
from the gate to the edge of the traveled surface be less than
35 feet.
14) Show and label all recorded easements on the map by book and
page number or reception number and date on the site plan.
15) The applicant shall indicate specifically on the map the type of
right-of-way/easement and indicate whether it is dedicated, private,
or deeded to provide adequate access to the parcel.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) paper copy or one (1) electronic copy (.pdf) of the plat for preliminary approval
to the Weld County Department of Planning Services. Upon approval of the plat,
the applicant shall submit a Mylar plat along with all other documentation required
as Conditions of Approval. The Mylar plat shall be recorded in the office of the
Weld County Clerk and Recorder by the Department of Planning Services. The
plat shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar plat and additional requirements shall be
submitted within one hundred twenty (120) days from the date of the Board of
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County Commissioners Resolution. The applicant shall be responsible for paying
the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance charge shall be added for each additional three (3) month
period.
4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable format is a projected ESRI
shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983
UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS
0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
6. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review map
is ready to be recorded in the office of the Weld County Clerk and Recorder or the
applicant has been approved for an early release agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of January, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: diavo „re/Ao•Ok.
Weld County Clerk to the Board
BY: !�
Deputy Clerk to the
APPRGVED AS
• o y ttorney
Date of signature: 0 "/3—/i
Ste e Moreno, Chair
4
rbara Kirkmeye
, Pro-Tem
Sean P. Conway
•
Julie A. Cozad
ThALQI.2.11,-
Mike Freeman
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ANNE BACKSTROM,
C/O COMMUNITY POWER GROUP, LLC
1 MJUSRI 7-15-0019
1. The Site Specific Development Plan and Major Amendment Use by Special Review
Permit, 1 MJUSR17-15-0019, is for (a Kennel up to 35 dogs) to include a Small -Scale Solar
Facility in the A (Agricultural) Zone District, subject to the Development Standards stated
hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
4. Thirty-five (35) is the maximum number of does. Dogs over the age of six (6) months are
counted toward the maximum number described above, in accordance with
Section 23-1-90 of the Weld County Code.
5. Dogs shall be kept indoors between 10:00 p.m. and 6:00 a.m.
6. The landscaping/screening on the site shall be maintained.
7. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
8. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
9. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The applicant shall operate in accordance with the accepted Waste Handling
Plan and with Chapter 14, Article I, of the Weld County Code.
10. Animal and feed wastes, bedding, debris and other organic wastes shall be disposed of
so that vermin infestation, odors, disease hazards, and nuisances are minimized. Such
wastes shall be removed at least weekly from the facility and disposed of by a commercial
hauler.
11. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations.
12. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone District, as delineated in Section 25-12-103, C.R.S.
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13. Sewage disposal for the facility shall be by septic system. Any septic system located on
the property must comply with all provisions of the Weld County Code, pertaining to
On -site Wastewater Treatment Systems (OWTS).
14. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. The facility shall utilize the existing public water supply.
15. The facility shall comply with the Colorado Department of Agriculture (CDA), Division of
Animal Industry, regulations.
16. The facility shall notify the County of any revocation and/or suspension of any State issued
permit.
17. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
18. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
19. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
20. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
21. Any work that may occupy with, and or encroach upon, any County rights -of -way or
easement shall acquire an approved Right -of -Way Use Permit prior to commencement.
22. The historical flow patterns and runoff amounts on the site will be maintained.
23. No outdoor storage of any materials and equipment including, but not limited to, solar
panels and support structures not in operation will be allowed.
24. No equipment associated with the solar facility shall be located nearer than thirty (30) feet
to the boundary of adjacent properties, irrigation ditches and/or rights -of -way.
25. Sources of light shall be shielded so that beams or rays of light will not shine directly onto
adjacent properties. Sources of light should not cause a nuisance or interfere with the use
on the adjacent properties in accordance with the map. Neither the direct, nor reflected,
light from any light source may create a traffic hazard to operators of motor vehicles on
public or private streets. No colored lights may be used which may be confused with, or
construed as, traffic control devices.
26. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 International Codes,
2006 International Energy Code, and 2014 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for review. A
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Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection.
27. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
28. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
29. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards, as shown or stated, shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
30. The applicant shall notify the County upon receipt of any compliance advisory or other
notice of non-compliance of a State issued permit, and of the outcome or disposition of
any such compliance advisory or other notice of non-compliance.
31. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
32. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
33. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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