HomeMy WebLinkAbout20180231.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
be
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
1MJUSR17-15-0019
ANNE BACKSTROM, C/O COMMUNITY POWER GROUP
CHRIS GATHMAN
A MAJOR AMENDMENT TO A SITE SPECIFIC DEVELOPMENT PLAN AND USE
BY SPECIAL REVIEW PERMIT NO. USR15-0019 (A KENNEL UP TO 35 DOGS)
TO INCLUDE A SMALL-SCALE SOLAR FACILITY IN THE A (AGRICULTURAL)
ZONE DISTRICT.
LOT C REC EXEMPT RECX11-0014; PART NW4 SECTION 9, T3N, R66W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
SOUTH OF AND ADJACENT TO CR 36 AND EAST OF AND ADJACENT TO CR 29.
recommended favorably to the Board of County Commissioners 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.
It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
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
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.
Section 22-5-140.A (AE.Goal 1) states: "Support and encourage research 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.
Section 22-2-80.F (I.Goal 6) states: "Minimize the incompatibilities that occur between
industrial uses and surrounding areas."
The proposed use is in an area that can support this development and the
landscaping/screening requirement, the Development Standards, and the Conditions of
Approval will assist in mitigating the impacts of the facility on the adjacent properties and
ensure compatibility with surrounding land uses and the region.
Section 22-5-30 W.Goal 3. of the Weld County Code 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 their 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-
RESOLUTION 1MJUSR17-15-0019
ANNE BACKSTROM, C/O COMMUNITY POWER GROUP
PAGE 2
0019 and a further distance from the proposed small scale solar facility location.
B. Section 23-2-220.A.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 as well limits impacts to the farm ground on the
property that it is proposed to be located on make this use consistent with the intent of the
Agricultural Zone District.
C. Section 23-2-220.A.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 1 acre of the property. Farmground is located to
the east and west of the facility. The nearest residence is 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 e-mail was received 11/17/2017 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.
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 23-2-220.A.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 Town of Gilcrest and the Town
of Platteville. The Town of Platteville in their referral comments, dated November 13,
2017,_indicated that they have no concerns. No referral response has been received from
the Town of Gilcrest.
E. Section 23-2-220.A.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 Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs.
RESOLUTION 1MJUSR17-15-0019
ANNE BACKSTROM, CIO COMMUNITY POWER GROUP
PAGE 3
F. Section 23-2-220.A.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 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 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
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 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 Weld County Code.
The applicant has demonstrated compliance with the Solar Facility Criteria in their 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 their referral dated
December 13, 2017.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall submit an Erosion Control Plan and a Vegetation Plan prior to recording the
USR Map. (Department of Planning Services -Engineer)
B. The applicant shall attempt to address the comments of Colorado Parks and Wildlife as stated
in their referral letter dated 11/15/2017. (Colorado Parks and Wildlife)
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 facility
from the nearest residences to the north and northwest of the site. (Department of Planning
Services)
D. The plat shall be amended to delineate the following:
1. All sheets of the map shall be labeled 1MJUSR17-15-0019 (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
RESOLUTION 1MJUSR17-15-0019
ANNE BACKSTROM, CIO COMMUNITY POWER GROUP
PAGE 4
4. The buildings and improvements associated with the kennel facility (originally approved
under USR15-0019) shall be indicated on the plat. (Department of Planning Services)
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. (Department of
Planning Services)
6. The map shall delineate the landscaping and/or screening. (Department of Planning
Services)
7. The map shall delineate the lighting. (Department of Planning Services)
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. (Department of
Planning Services)
9. The applicant shall show the drainage flow arrows. (Department of Planning Services -
Engineer)
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 right-of-way. This road is maintained by Weld County.
(Department of Public Works)
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.
(Department of Public Works)
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. (Department of Public Works)
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. (Department of
Public Works)
14. Show and label all recorded easements on the map by book and page number or
reception number and date on the site plan. (Department of Planning Services)
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. (Department of Planning Services)
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 County Commissioners Resolution. The applicant shall be responsible for
paying the recording fee. (Department of Planning Services)
RESOLUTION 1MJUSR17-15-0019
ANNE BACKSTROM, CIO COMMUNITY POWER GROUP
PAGE 5
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 added for each
additional three (3) month period. (Department of Planning Services)
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 mags(co.weld.co.us.
(Department of Planning Services)
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Planning Services -Engineer)
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 plat 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.
(Department of Planning Services)
Motion seconded by Gene Stille.
VOTE:
For Passage
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Michael Wailes
Terry Cross
Tom Cope
Gene Stille
Lonnie Ford
Against Passage Absent
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on January 2, 2018.
Dated the 2nd of January, 2018
Kristine Ranslem
Secretary
RESOLUTION 1MJUSR17-15-0019
ANNE BACKSTROM, C/O COMMUNITY POWER GROUP
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Anne Backstrom/Community Power Group LLC
1 MJUSRI7-15-0019
1. A Site -Specific Development Plan and Use by Special Review Permit, 1MJUSR17-15-0019, for a Major
Amendment to a Site -Specific Development Plan and Use by Special Review Permit No. USR15-0019 (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. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
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. (Department of Planning Services)
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.
(Department of Planning Services)
5. Dogs shall be kept indoors between 10:00 PM and 6:00 AM. (Department of Planning Services)
6. The landscaping/screening on the site shall be maintained. (Department of Planning Services)
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. (Department of Public Health and Environment)
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, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
9. Waste materials shall be handled, stored, and disposed 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. (Department of Public Health and Environment)
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. (Department of Public Health and
Environment)
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. (Department of Public Health and Environment)
12. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
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. (Department of Public Health and Environment)
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. (Department of Public Health
and Environment)
RESOLUTION 1MJUSR17-15-0019
ANNE BACKSTROM, CIO COMMUNITY POWER GROUP
PAGE 7
15. The facility shall comply with the Colorado Department of Agriculture (CDA), Division of Animal Industry
regulations. (Department of Public Health and Environment)
16. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
17. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code. (Department of Public Health and Environment)
18. The property owner shall control noxious weeds on the site. (Department of Public Works)
19. The access to the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Department of Public Works)
20. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
21. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an
approved Right -of -Way Use Permit prior to commencement. (Department of Public Works)
22. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services - Engineer)
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. (Department of Planning Services)
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. (Department of Planning Services)
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. (Department of Planning
Services)
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 Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection. (Department of Building 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 facility shall notify the County of any revocation and/or suspension of any State issued permit.
RESOLUTION 1MJUSR17-15-0019
ANNE BACKSTROM, CIO COMMUNITY POWER GROUP
PAGE 8
(Department of Public Health and Environment)
31. 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. (Department of Public Health and Environment)
32. 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. (Department of Public Health and
Environment)
33. 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 person moving into these areas
must recognize the various impacts associated with this development. Often times, 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.
34. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in
the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than
in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural
areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere
and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld
County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on
rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement,
silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities;
shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When
moving to the County, property owners and residents must realize they cannot take water from irrigation
ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law enforcement,
ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and
RESOLUTION 1MJUSR17-15-0019
ANNE BACKSTROM, CIO COMMUNITY POWER GROUP
PAGE 9
families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not
provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in
rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by
necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open
burning present real threats. Controlling children's activities is important, not only for their safety, but also
for the protection of the farmer's livelihood.
PG Q'f1(n v +-e 5
of /OD/ 18
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, January 2, 2018
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Terry Cross, at 12:30 pm.
Roll Call.
Present: Bruce Johnson, Bruce Sparrow, Gene Stifle, Jordan Jemiola, Michael Wailes, Lonnie Ford, Terry
Cross, Tom Cope.
Also Present: Chris Gathman, Department of Planning Services; Hayley Balzano, Department of Planning
Services — Engineering Division; Lauren Light and Ben Frissell, Department of Health; Evan Pinkham,
Public Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the December 19, 2017 Weld County Planning Commission minutes, Moved by Bruce
Johnson, Seconded by Tom Cope. Motion passed unanimously.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
1 MJUSR17-15-0019
ANNE BACKSTROM, O/O COMMUNITY POWER GROUP
CHRIS GATHMAN
A MAJOR AMENDMENT TO A SITE SPECIFIC DEVELOPMENT PLAN AND USE
BY SPECIAL REVIEW PERMIT NO. USR15-0019 (A KENNEL UP TO 35 DOGS)
TO INCLUDE A SMALL-SCALE SOLAR FACILITY IN THE A (AGRICULTURAL)
ZONE DISTRICT.
LOT C REC EXEMPT RECX11-0014; PART NW4 SECTION 9, T3N, R66W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
SOUTH OF AND ADJACENT TO CR 36 AND EAST OF AND ADJACENT TO CR
29.
Chris Gathman, Planning Services, presented Case 1 MJUSRI7-15-0019, reading the recommendation
and comments into the record. Mr. Gathman noted that the referral from the Colorado Parks and Wildlife
stated that the proposed amended USR is located in close proximity to an active Red Tail Hawk Nest or
nests in the area and recommends no surface encroachment within one-third of a mile or 1760 feet of the
hawk nests. Mr. Gathman stated that in looking at their referral and the map they provided the location of
the hawk nests, as identified on the map, appears to be located over 2000 feet from the existing kennel
facility and even further from the solar facility. The Department of Planning Services recommends approval
of this application with the attached conditions of approval and development standards.
Evan Pinkham, Public Works, reported on the existing traffic and access to the site.
Hayley Balzano, Engineering, reported on the drainage conditions for the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Mr. Gathman referred to Condition of Approval 1.C for a Screening Plan and said that included in the solar
standards in the Weld County Code is a specific Section that states "Landscaping is extremely important
for enhancing the quality of development in the area. Trees, shrubs and other plantings add greatly to the
aesthetic appeal while reducing glare. As no single landscaping plan can be prescribed for all development
due to differing land features, topography and soils, these guidelines encourage flexible and creative
landscape designs. Landscaping/screening shall include at a minimum: decorative fencing, berming and/or
vegetation such the facilities aesthetically pleasing as viewed from adjacent properties and rights -of -way."
Mr. Gathman noted that when he visited the site, it appeared based on the location of the facility, that it
would be visible from the nearest residence to the north. Therefore, that specific condition of approval was
included in the staff report.
Commissioner Sparrow asked staff to explain the classification of the small, medium and large solar
facilities. Mr. Gathman provided a definition of the small, medium and large scale solar facilities. The small
scale solar facilities do not include a specific kilowatt amount in the definition.
Commissioner Stille recalled the recent code changes as well and given the small nature of the facility
asked why this wouldn't be a use by right. Mr. Gathman said that this request isn't just for a property owner
for personal use. He added that is for electricity that would be available to landowners off site, such as a
public utility.
Jacob Bobrow, 4849 Rugby Avenue, Bethesda, Maryland, stated that the economics on the project are
tight and the screening requirements could impact the ability to fully execute the project. However, he noted
that the screening required will just be on the north side facing the adjacent property and if they can use
fence as screening then that will work for them.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case 1MJUSR17-15-0019 to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Jordan Jemiola, Seconded by Gene Stille.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Lonnie Ford, Michael Wailes, Terry
Cross, Tom Cope.
Meeting adjourned at 1:06 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
2
ATTENDANCE RECORD
ILLASL iegioiy write or print your name ana complete auulCab.
NAME
ADDRESS
John Doe
123 Nowhere Street, City, State, Zip
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