HomeMy WebLinkAbout20180242.tiffHEARING CERTIFICATION
DOCKET NO. 2018-06
RE: 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 - ANNE BACKSTROM, C/O COMMUNITY POWER GROUP, LLC
A public hearing was conducted on January 24, 2018, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Barbara Kirkmeyer, Pro -Tern
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Mike Freeman
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Clerk to the Board, Esther Gesick
Assistant County Attorney, Bob Choate
Planning Services Department representative, Chris Gathman
Public Works Department representative, Evan Pinkham
Planning Services Engineer representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
• I hereby certify that pursuant to a notice dated December 13, 2017, and duly published
December 18, 2017, in the Greeley Tribune, a public hearing was conducted to consider the
request of Anne Backstrom, c/o Community Power Group, LLC, for a Site Specific Development
Plan and Major Amendment Use by Special Review Permit, 1 MJUSR17-15-0019, for (kennel up
to 35 dogs) to include a Small -Scale Solar Facility in the A (Agricultural) Zone District.
Bob Choate, Assistant County Attorney, made this a matter of record.
• Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal to install a Small -Scale Solar Facility in an area that is approximately one (1) acre in
size, and there would be no changes to the use related to the kennel. He stated the proposed
solar facility will be located in the southeast portion of the site and would produce up to 100 kW.
He displayed photos of the proposed layout and location, citing there are two (2) existing kennels
to the east and west of the subject property, which are permitted under USR-1748 and USR-1756.
He noted staff received one (1) email inquiring about the location on the property, and no other
correspondence has been received. Mr. Gathman stated the site is located within the three (3)
mile referral area for the Town of Gilcrest, which did not return a referral response, as well as the
Town of Platteville, which indicated no concerns. He explained the solar use is subject to certain
criteria listed in Section 23-4-15 of the Weld County Code and staff believes the applicant has
met the necessary criteria. Additionally, the landscaping and screening is required in the
Conditions of Approval and Development Standards to address any impacts to the nearest
residences to the north and northwest. Mr. Gathman stated 14 referrals were sent out, and eight
(8) agencies responded with comments that have been addressed in the Conditions of Approval
Cc.: PLCCG(M(11), P1CHB), £H(Lc-), CTBCTS)
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and Development Standards. He noted the Evans #2 Ditch runs through the property with a couple
of access points for maintenance by the Platte Valley Irrigation Company, which indicated no
concerns with the proposal. He displayed images of the site and surrounding views and entered
the favorable recommendation of the Planning Commission into the record as written.
• Evan Pinkham, Department of Public Works representative, provided a brief overview of the
transportation plans and requirements, stating the site will be accessed from County Roads
(CR) 36 and 29. These roads are designated as local gravel roads, and the traffic counts taken
on January 24, 2013, indicated CR 36 had an average of 67 daily vehicles, while CR 29 averaged
104 vehicles, both with 26% truck traffic. He stated due to the minimal daily traffic anticipated at
the site, staff is not requiring tracking control, nor an improvements agreement.
• Hayley Balzano, Planning Services Engineer representative, presented the drainage and
grading requirements, stating the applicant has submitted a Drainage Narrative reflecting the site
will meet Exception #1.A.8. Prior to recording the plat, the applicant will be required to submit an
Erosion Control and Vegetation Plan, and prior to disturbing more than one acre, the applicant
will be required to obtain a Grading Permit.
• Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating water is provided by the Central Weld County Water District and there is an
existing septic system permitted to serve the house and kennel. She stated the application
addresses the hauling of waste by a dumpster; the dog runs are surfaced with pea gravel to
control dust; noise is restricted to the Residential level, pursuant to the requirements of the
previous USR permit; and, portable toilets will be allowed during construction of the solar facility.
She stated Development Standards #7-17 address typical health requirements.
• Jacob Bobrow represented the applicant and explained he serves with Grid Alternatives,
which is a non-profit organization that strives to make renewable energy, technology and job
training accessible to underserved communities. They partner with different for-profit solar
companies and developers to build community and roof -top solar projects that bring renewable
energy to community members. He explained this proposal is for a community solar project which
will generate up to 200 kW of energy through Xcel's Community Solar Rewards Program, which
provides energy to community members who qualify below the 185% federal poverty line. In
response to Commissioner Kirkmeyer, Mr. Bobrow clarified the project consists of two phases,
both are situated within one acre, and each will generate 100 kW. Mr. Gathman confirmed the
notification request and requirements were sufficient to cover the phased project as described by
the applicant.
• Responding to Commissioner Conway, Mr. Bobrow confirmed the mission of Grid
Alternatives is two -fold: 1) provide job training within the solar industry, and 2) help low-income
community members lower their energy costs.
ID No public testimony was offered concerning this matter.
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In response to Chair Moreno, Mr. Bobrow confirmed he and the applicants have reviewed,
and agree to abide by the Conditions of Approval and Development Standards. He stated the
only concern is the potential cost related to landscaping/screening, which may detract from the
non-profit effort to reduce costs.
• Commissioner Cozad commented Conditions of Approval (COA) #1.C and 1.D.6 and
Development Standard #6 allow for either decorative fencing, berming, or vegetation; therefore,
she would prefer to give direction to staff to require some minimal, reasonable screening for the
closest residential uses to the north and northwest, especially considering the rural residential
nature of the area.
El In response to Commissioner Kirkmeyer, Mr. Gathman stated the existing permit for the
dog kennel did not require screening because it is situated in the middle of the property; however,
landscaping/screening is a required standard for solar facilities.
Commissioner Kirkmeyer agreed, with the clarification that the screening should be in relation
to the small solar facility and the existing residences to the north and northwest. The last sentence
of COA #1.C was modified to state: "The screening plan shall focus on screening the small solar
facility from the nearest existing residences to the north and northwest of the site." It was agreed
COA #D.6 would remain unchanged.
• Commissioner Cozad referred to COA #1.D.13, concerning an entrance gate. Mr. Pinkham
clarified the language is intended to ensure any entrance gates are a minimum of 35 feet from
the County road. The applicant confirmed the one -acre site will be fenced and there will be a
gate, but it will be internal to the site.
• Commissioner Kirkmeyer requested for future USR amendments, that staff designate which
requirements are new, versus which COA and DS pre-existed for the original use.
• Commissioner Cozad moved to approve the request of Anne Backstrom, do 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, based on the recommendations of Planning staff and
the Planning Commission, with the Conditions of Approval and Development Standards as
amended into the record. The motion was seconded by Commissioner Conway, and it carried
unanimously. There being no further discussion, the hearing was completed at 10:53 a.m.
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This Certification was approved on the 29th day of January, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APP \ D AS TO
ounty Attorney
Date of signature: OA -/34
Ste e Moreno, Chair
Barbara Kirkmeyer,
Sean P. Conway
Julie A. Cozad
Mike Freeman
2018-0242
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ATTENDANCE LIST
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EMAIL
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COUNTY OF RESIDENCE
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