HomeMy WebLinkAbout20180232.tiffPlanner:
C. Gathman
LAND USE APPLICATION
SUMMARY SHEET
Hearing Date: January 2,
2017
Case Number: 1MJUSR17-15-0019
Applicant: Anne Backstrom C/O Community Power Group LLC
Address: 4849 Rugby Avenue, Suite 100, Bethesda, MD 20814
Representative: Michael Borkowski C/O Community Power Group, LLC
Request: A Major Amendment to a Site -Specific Development Plan and Use by Special
Review Permit No. USR15-0019 (a Kennel for up to 35 dogs) to include a Small -
Scale Solar Facility in the A (Agricultural) Zone District.
Legal Lot C of Recorded Exemption RECX11-0014; located in part of the NW4 of
Description: Section 9, T3N, R66W of the 6th PM, Weld County, Colorado
Location: South of and adjacent to County Road 36 and East of and adjacent to County
Road 29.
Size of Parcel: +/- 119.05 acres (solar Parcel No. 121109200024
facility: +/- 1 acre site)
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
Weld County Department of Public Works, referral dated 12/13/2017
Weld County Planning Services - Engineer, referral dated 12/12/2017
Colorado Parks and Wildlife, referral dated 12/10/2017
Weld County Department of Public Health and Environment, referral dated 11/27/2017
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Y Weld County Zoning Compliance, referral dated 11/13/2017
Y Town of Platteville, referral dated 11/14/2017
Y Weld County Sheriff's Office, referral dated 11/17/2017
Y Platte Valley Irrigation Company, referral dated 12/13/2017
The Department of Planning Services' staff has not received responses from the following agencies:
Y Town of Gilcrest
Y Platteville-Gilcrest Fire Protection District
Y School District RE -1
1MJUSR17-15-0019 COMMUNITY POWER GROUP
➢ Kerr-McGee
Y Platte Valley Soil Conservation District
Colorado Department of Transportation (CDOT)
1MJUSR17-15-0019 COMMUNITY POWER GROUP
Planner:
Case Number:
Applicant:
Address:
Representative:
Request:
Legal
Description:
Location:
Size of Parcel:
Case Summary:
C. Gathman
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Hearing Date: January 2,
2017
1MJUSR17-15-0019
Anne Backstrom CIO Community Power Group LLC
4849 Rugby Avenue, Suite 100, Bethesda, MD 20814
Michael Borkowski C/O Community Power Group, LLC
A Major Amendment to a Site -Specific Development Plan and Use by Special Review
Permit No. USR15-0019 (a Kennel for up to 35 dogs) to include a Small -Scale Solar
Facility in the A (Agricultural) Zone District.
Lot C of Recorded Exemption RECX11-0014; located in part of the NW4 of Section 9,
T3N, R66W of the 6th PM, Weld County, Colorado
South of and adjacent to County Road 36 and East of and adjacent to County Road 29.
+1- 119.05 acres Parcel No. 121109200024
The applicant is proposing to amend USR15-0019 (a kennel for up to 35 dogs) to install a Small -Scale
Solar Facility (approximately 1 acre in size). No changes are proposed to the existing kennel (the kennel
will operate under the same limits approved under the original USR). The proposed solar facility will be
located in the southeastern portion of the 119 acre property.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services' staff 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.
1MJUSR17-15-0019 COMMUNITY POWER GROUP
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 USR15-0019 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, mimimal 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.
1MJUSR17-15-0019 COMMUNITY POWER GROUP
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.
F. Section 23-2-220A6 -- 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
1MJUSR17-15-0019 COMMUNITY POWER GROUP
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 Department of Planning Services' staff 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)
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
1MJUSR17-15-0019 COMMUNITY POWER GROUP
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)
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
maps@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
1MJUSR17-15-0019 COMMUNITY POWER GROUP
agreement. (Department of Planning Services)
1MJUSR17-15-0019 COMMUNITY POWER GROUP
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.5.) 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. 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)
9. 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)
10. 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)
11. The facility shall adhere to the maximum permissible noise levels allowed in the Non -Specified Zone
as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
12. 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)
13. 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)
1MJUSR17-15-0019 COMMUNITY POWER GROUP
14. The facility shall comply with the Colorado Department of Agriculture (CDA), Division of Animal
Industry regulations. (Department of Public Health and Environment)
15. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
16. 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)
17. The property owner shall control noxious weeds on the site. (Department of Public Works)
18. 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)
19. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
20. 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)
21. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Planning Services - Engineer)
22. 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)
23. 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)
24. 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)
25. 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)
26. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
27. 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.
28. 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
1MJUSR17-15-0019 COMMUNITY POWER GROUP
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
29. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
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. (Department of Public Health and Environment)
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. (Department of Public
Health and Environment)
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 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.
33. 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.
1MJUSR17-15-0019 COMMUNITY POWER GROUP
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 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.
1MJUSR17-15-0019 COMMUNITY POWER GROUP
December 06, 2017
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@weldgov.com
PHONE: (970) 353-6100, Ext. 3537
FAX: (970) 304-6498
BORKOWSKI MICHAEL
4849 RUGBY AVENUE, SUITE 1000
BETHESDA, MD 20814
Subject: 1MJUSR17-15-0019 - 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.
On parcel(s) of land described as:
PART NW4 SECTION 9, T3N, R66W LOT C REC EXEMPT RECX11-0014 OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on January 2, 2018, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on January 24, 2018
at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.org
If you have any questions concerning this matter, please call.
Respectfully,
Chris Gathman
Planner
1
November 13, 2017
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@weldgov.com
PHONE: (970) 353-6100, Ext. 3537
FAX: (970) 304-6498
BORKOWSKI MICHAEL
4849 RUGBY AVE STE 1000
BETHSADA, MD 20814
Subject: 1MJUSR17-15-0019 - A Major Amendment to a Site Specific Development Plan and Use by
Special Review Permit for a Kennel (up to 35 dogs) in the A (Agricultural) Zone District to include a
Small -Scale Solar Facility (100 KW Solar Facility on approximately 1 acre) in the A(Agricultural) Zone
District.
On parcel(s) of land described as:
PART NW4 SECTION 9, T3N, R66W LOT C REC EXEMPT RECX11-0014 OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Departments for their review and comments:
Platteville at Phone Number 970-785-2245
Gilcrest at Phone Number 970-737-2426
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
lML
Chris Gathman
Planner
From: Bob Choate
To: Tom Parko Jr.; Chins Gathman
Cc: Michelle Martin
Subject: RE: Fee determination for 100 KW Solar Farm Use by Special Review (USR) application
Date: Monday, November 13, 2017 8:27:06 AM
Agreed.
Bob Choate
Assistant Weld County Attorney
1150 "O" Street; P.O. Box 758
Greeley, Colorado 80632
Tel: 970-336-7235
Fax: 970-352-0242
Email: bchoate@weldgov.com
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delete the message. Thank you.
From: Tom Parko Jr.
Sent: Monday, November 13, 2017 7:46 AM
To: Chris Gathman <cgathman@weldgov.com>; Bob Choate <bchoate@weldgov.com>
Cc: Michelle Martin <mmartin@weldgov.com>
Subject: RE: Fee determination for 100 KW Solar Farm Use by Special Review (USR) application
Chris,
I don't sec any reason that we shouldn't charge S1,000.00 fec.
Thanks,
Tom Parko, M.A.
Director of Planning Services
Weld County Dept. of Planning Services
1555 N. 17th Avenue
Greeley, CO. 80631
Office: 970-400-3572
Mobile: 970-302-5333
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.
From: Chris Gathman
Sent: Thursday, November 09, 2017 2:14 PM
To: Tom Parko Jr. <tparko@weldgov.com>; Bob Choate <bchoate@weldgov.com>
Cc: Michelle Martin <mmartin@weldgov.com>
Subject: FW: Fee determination for 100 KW Solar Farm Use by Special Review (USR) application
Dear Tom and Bob,
I have an application for a 100KW solar facility. The applicant is amending an existing USR (for a dog
kennel) to include a solar facility —there is no change to the dog kennel operation under this USR.
The solar facility is located on another part of the property of the dog kennel.
I pulled up the current link to the Colorado Revised Statutes and the language is as follows:
(II) A county shall not charge permit, plan review, or any other related or associated fees to install an
active solar electric or solar thermal device or system that, in aggregate, exceed the lesser of the
county's actual costs in issuing the permit or five hundred dollars for a residential application or one
thousand dollars fora nonresidential application if the device or system produces fewer than two
megawatts of direct current electricity or an equivalent -sized thermal energy system, or that exceed
the county's actual costs in issuing the permit if the device or system produces at least two
megawatts of direct current electricity or an equivalent -sized thermal energy system. The county
shall clearly and individually identify all fees and taxes assessed on an application subject to this
subsection (1)(b)(II) on the invoice. The general assembly hereby finds that there is a statewide need
for certainty regarding the fees that can be assessed for permitting such devices or systems, and
therefore declares that this subsection (1)(b)(II) is a matter of statewide concern. This subsection (1)
(b)(II) is repealed, effective July 1, 2025.
Normally the permit fee would be $2,500.00 — however based on this code section it appears that
the maximum fee amount is $1,000.00.
This came up once before for another facility (USR13-0045). In this instance staff forwarded a copy
of the statute to the Attorney's Office for determination (and the application fee amount of
$1,000.00 was the determined application fee).
Let me know if the $1,000.00 should apply or if the standard fee ($2,500.00) should apply.
If you need any additional information let me know.
Thanks,
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N. 17th Avenue
tel: 970-400-3537
fax: 970-400-4098
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.
From: Nick Mento[mailto:nmento@communitypowergroup.com]
Sent: Thursday, November 09, 2017 1:31 PM
To: Chris Gathman <cgathman@weldgov.com>
Subject: Fw: Remaining Items needed for Solar Farm Use by Special Review (USR) application
Here is the revised package incorporating the comments from the original completeness
review. Attached also is the text of the amendment specifically referring to Colorado
permitting law and costs associated. Please see the first/second page where it speaks directly
to "nonresidential" solar facilities. Additionally, I've provided a link to a Colorado gov website
for their revised statutes. You can find the same text under 30-28-113 on page 313.
https://leg.colorado.gov/sites/default/files/images/olls/crs2016-title-30.pdf
Please let me know if I can provide any additional information.
Best,
Nick
Nick Mento
Project Manager
Community Power Group
(o) 202-844-6423
(c) 443-878-8296
nmento@communitypowergroup.com
www.communitypowergroup.com
From: Nick Mento
Sent: Friday, September 22, 2017 4:59 PM
To: Chris Gathman; michael borkowski
Subject: Re: Remaining Items needed for Solar Farm Use by Special Review (USR) application
Chris,
Attached is an updated USR package. I've included landscaping/fence information near the
end, correct fence description in the plot map, and have updated the package with the USR
language and signed copies of all documents.
Let us know if there are any other issues.
Thank you,
Nick
Nick Mento
Project Manager
Community Power Group
(o) 202-844-6424
(c) 443-878-8296
nmento@communitypowergroup.com
www.communitypowergroup.com
From: michael borkowski
Sent: Thursday, September 21, 2017 2:24:29 PM
To: Nick Mento
Subject: Fwd: Remaining Items needed for Solar Farm Use by Special Review (USR) application
Can you look into this.
Michael Borkowski
Community Power Group
(o) 202-844-6423
(c) 917-327-0752
mborkowski@communitypowergroup.com
www.communitypowergroup.com
Begin forwarded message:
From: Chris Gathman <cgathman@weldgov.com>
Subject: Remaining Items needed for Solar Farm Use by Special Review (USR)
application
Date: September 21, 2017 at 2:01:11 PM EDT
To: ''mborkowski@communitypowergroup.com"
<mborkowski@communitypowergroup.com>
Dear Mr. Borkowski,
Staff has reviewed the USR application on the Borkowski property and the following
information is needed:
• Modify the purpose statement under the application form to state that you are
proposing to amend the existing USR15-0019 for a dog kennel to include (add
the language you had in the application). I would also add a sentence indicating
that no changes/expansions are proposed for the existing kennel facility under
this amendment.
• Provide application authorization.
• Indicate the location of the kennel facility on the overall site map (showing the
boundaries of the entire boundary) that you submitted.
• Your USR map indicates the property will be surrounding by a 6 -foot chainlink
fence — your response to the specific landscaping criteria indicates that
aesthetically pleasing fencing with wood posts will be installed. The site plan
does not appear to be consistent with the statement provided in regards to the
fencing. The landscaping and fencing should be clarified. I would recommend
providing a landscape plan that specifically indicates the type of fencing
proposed (show a cross section of the fence) along with where the grasses will
be planted.
If you have any questions. Feel free to contact me.
Regards,
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N. 17th Avenue
tel: 970-400-3537
fax: 970-400-4098
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.
FIELD CHECK
inspection dates: 12/20/2017
APPLICANT: Anne Backstrom CIO Community Power Group LLC
CASE #: USR17-0057
REQUEST: A Major Amendment to a Site -Specific Development Plan and Use by Special Review Permit
No. USR15-0019 (a Kennel for up to 35 dogs) to include a Small -Scale Solar Facility in the A
(Agricultural) Zone District.
LEGAL: Lot C of Recorded Exemption RECX11-0014; located in part of the NW4 of Section 9,
T3N, R66W of the 6t" PM, Weld County, Colorado
LOCATION: South of and adjacent to County Road 36 and East of and adjacent to County Road 29.
PARCEL ID #s: 1211-09-2-00-024
ACRES: +/- 119.5 acres (Solar Facility: +/- 1 acre site)
Zoning
Land Use
N
A
N
Cropland/SF residence approximately 500 feet north
of proposed solar facility)
E
A
E
Farmground/USR-1748 (kennel)
S
A
S
Cropland
W
A
W
Farmground/USR-1756 (kennel)
COMMENTS:
Existing residence and outbuildings on the property.
Chris Gathman - Planner III
Hello