HomeMy WebLinkAbout20121659.tiff EXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSIO I A
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMIS Js/z/2 _cyzy 7
• Moved by Mark Lawley,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:
CASE NUMBER: USR12-0007
APPLICANT: RICHARD ROOS
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A KENNEL (UP TO 40 DOGS)AND ANY USE PERMITTED AS A
USE BY RIGHT,AN ACCESSORY USE,ORA USE BY SPECIAL REVIEW IN THE
COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS, PROVIDED THA THE
PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION
PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF
ANY REGULATIONS CTONROLLING SUBDIVISIONS (STORAGE OF STONE
AND MASONRY MATERIALS AND STONE AND MASNRY INSTALLATION
EQUIPMENT) IN THE A(AGRICULTURAL ZONE DISTRICT)
LEGAL DESCRIPTION: SOUTH 330'OF THE N2 OF SECTION 13,T1 N, R68W OF THE 6TH P.M.,WELD
COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 13(COLORADO BOULEVARD); '/%MILE
NORTH OF CR 8(SUMMIT BOULEVARD).
be 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.
2. 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 22-2-150D.A Goal 4 states:"Conversion of agricultural land to nonurban residential,
commercial and industrial uses will be accommodated when the subject site is in an area that
can support such development. Such development shall attempt to be compatible with the
region."
The applicant is proposing a dog kennel for up to 40 adult dogs along with storage of stone
and masonry materials and installation equipment. The applicant has masonry materials
stored along the north side of the kennel/dog run area to mitigate noise impacts to the
nearest residence to the north of the site.The Department of Planning Services is requiring a
development standard that dogs are kept indoors during nighttime hours. Also, the
Department of Planning Services is requiring that the masonry storage area be screened
from adjacent properties and rights-of-way.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the Agricultural(A)
Zone District. Section 23-3-40.H of the Weld County Code allows for A Site Specific
Development Plan and Special Review Permit for A Site Specific Development Plan and Use
by Special Review permit for a Kennel and Section 23-3-40.S allows for Any use permitted as
a Use by Right,an accessory use,or a use by special review in the commercial or industrial
zone districts (storage of stone and masonry materials and stone and masonry installation
equipment)in the in the A(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 site is located approximately 400-feet to the south of the nearest
residence. A platted subdivision located in the City of Dacono (Eagle Meadow) is located
• approximately'A mile to the west of the site.Agricultural land is located to the south and east
of the site.The Department of Planning Services is requiring screening of outdoor storage of
masonry materials and equipment and that dogs be kept indoors (in addition to other
development standards such as noise standards) to ensure compatibility with existing
surrounding land uses.
aoja 1105'7
RESOLUTION USR12-0007
RICHARD ROOS
PAGE 2
• 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. This site is located within the 3-mile referral areas of the Towns of Erie and
Frederick and the Cities of Dacono and Northglenn. Additionally, this property is located
within the Coordinated Planning Agreement(IGA)boundary of the City of Dacono.The City of
Dacono municipal limits border the property to the south and east.The Town of Erie, in their
referral response dated 2/17/2012 indicated no conflict with their interests. The City of
Dacono, in their referral response dated 5/7/2012, stated that the outdoor storage area
should not become a salvage yard.
E. Section 23-2-220.A.5 --The application complies with Article V of the Weld County Code.
The proposed facility does not lie within the boundaries of any overlay district.
Effective April 25, 2011, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance
2011-2)
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 subject site is classified
as"Prime if Irrigated"along the eastern portion of the property,the remainder of the property
• is classified as"Prime"as delineated on the Important Farmlands of Weld County map,dated
1979.The kennel facility and masonry and masonry equipment storage area are located on
the eastern quarter of the site and is covered with existing buildings and improvements.The
remainder of the property is unimproved.
G. Section 23-2-220.A.7—There is adequate provisions for the protection of 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.
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 a dust abatement plan, detailing on site dust control measures, for
review and approval, to the Environmental Health Services, Weld County Department of Public
Health & Environment. (Department of Public Health and Environment)
B. Submit documentation from Central Weld County Water District indicating that water service is
available for business usage. (Department of Public Health and Environment)
C. All septic systems located on the property shall have appropriate permits from the Weld County
• Department of Public Health & Environment. The Environmental Health Division of the Weld
County Department of Public Health & Environment was unable to locate a septic permit for the
residence constructed in 1924. Any existing septic system which is not currently permitted through
the Weld County Department of Public Health & Environment will require an I.S.D.S. Evaluation
prior to the issuance of the required septic permit. In the event the system is found to be
RESOLUTION USR12-0007
RICHARD ROOS
PAGE 3
• inadequate, the system must be brought into compliance with current I.S.D.S. regulations.
(Department of Public Health and Environment)
D. In the event the applicant intends to utilize an existing septic system for the kennel and clients,the
septic system shall be reviewed by a Colorado Registered Professional Engineer. The review
shall consist of observation of the system and a technical review describing the system's ability to
handle the proposed hydraulic load. The review shall be submitted to the Environmental Health
Services Division of the Weld County Department of Public Health and Environment. In the event
the system is found to be inadequately sized or constructed the system shall be brought into
compliance with current Regulations. (Department of Public Health and Environment)
E. Alternately to item D above, an individual sewage disposal system is required for the kennel and
clients and shall be installed according to the Weld County Individual Sewage Disposal
Regulations. The septic system is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal Regulations. (Department of
Public Health and Environment)
F. The applicant shall submit a waste handling plan, for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health & Environment. The plan shall
include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should include expected
volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
• 3) The waste handler and facility where the waste will be disposed (including the facility
name, address, and phone number).
G. The applicant shall provide a copy of the current license from the Pet Animal Care Facilities Act
(PACFA)to the Weld County Department of Public Health and Environment. (Department of
Public Health and Environment)
H. The applicant shall submit to the Department of Planning Services with a Screening Plan for
review and approval. The masonry material and equipment storage associated with the proposed
use (along with any unlicensed vehicles and storage of miscellaneous materials)shall be
completely screened by a 6-foot high opaque fence (or other equivalent screening material).
(Department of Planning Services)
I. The applicant shall address the requirements of the Department of Building Inspection as stated in
their referral dated 2/23/2012. A change of use building permit shall be submitted for the building
used for the dog kennel. The building permit shall meet the following requirements:
1. The structures proposed to have changes uses to a dog kennel will require commercial
building permit for change of use. A floor plan and complete set of plans for any alteration.
2. A building permit application must be completed and two complete sets of floor plans must be
submitted for review. A geotechnical engineering report performed by a registered State of
Colorado engineer shall be required.
3. Buildings and structures shall conform to the requirements of the various codes adopted at
the time of permit application. Currently the following has been adopted by Weld County: 2006
International Building Code; 2006 International Mechanical Code; 2006 International Plumbing
•
Code: 2006 International Energy Code; 2006 International Fuel Gas Code; 2011 National
Electrical Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County
Code. (Department of Building Inspection)
RESOLUTION USR12-0007
RICHARD ROOS
PAGE 4
• J. The applicant shall address the requirements of the City of Dacono as stated in their referral
response dated 5/7/2012. Written evidence of such shall be provided to the Department of
Planning Services. (City of Dacono)
K. If exterior lighting is proposed the applicant shall submit a lighting plan for review and approval by
the Department of Planning Services. Per the Weld County Code:
1. Sources of light, including light from high-temperature processes such as combustion or
welding, shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties;
and
2. Neither direct nor reflected light from any light source may create a traffic hazard to
operators of motor vehicles on public or private streets and no colored lights may be used
which may be confused with or construed as traffic control devices. (Department of
Planning Services)
L. The applicant shall submit written evidence to the Weld County Department of Planning Services
verifying that the occupant of the mobile home permitted by ZPMH # 1365, for temporary
accessory farm use, is principally employed at or engaged in the farming operation on the subject
property in accordance with Section 24-4-170 of the Weld County Code. The evidence shall
consist of tax records, employment agreements or other documentation as determined suitable by
the Weld County Department of Planning Services. Failure to submit the required documentation
may result in the cessation of the allowance of the mobile home for temporary accessory farm
use.
• M. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR12-0007. (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
4. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
5. Show and label the Water Quality Area on the Plat. (Department of Public Works)
6. The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld
County Code addresses the issue of trash collection areas. Areas used for storage or trash
collection shall be screened from adjacent public rights-of-way and adjacent properties.
These areas shall be designed and used in a manner that will prevent wind or animal
scattered trash. (Department of Planning Services)
6. The approved screening plan. (Department of Planning Services)
7. The approved lighting plan (if applicable). (Department of Planning Services)
2. Upon completion of 1 above the applicant shall submit three (3) paper copies of the plat for
preliminary approval to the Weld County Department of Planning Services. Upon approval of the
paper copies 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 Department of Planning Services' Staff. 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 USR12-0007
RICHARD ROOS
• PAGE 5
3. In accordance with Weld County Code Ordinance 2006-7 approved June 1,2006,should the plat not
be recorded within the required one-hundred twenty (120) days from the date the Board of County
Commissioners resolution a$50.00 recording continuance charge shall added for each additional 3
month period. (Department of Planning Services)
4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are.dwg, .dxf,and .dgn(Microstation);acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is.e00.
The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be
sent to maosaco.weld.co.us. (Department of Planning Services)
5. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
Motion seconded by Alexander Zauder.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
• Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
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 June 5, 2012.
Dated the 51h of June, 2012.
DLocation::ally 55 1 Kristine Ranslem
Location:1555 N 17th Ave
Date:2012.06.11 08:22:45-06'00'
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
• DEVELOPMENT STANDARDS
Richard Roos
USR12-0007
1. A Site Specific Development Plan and Use by Special Review permit for a Kennel(up to 40 dogs)and
a Use permitted as a Use by Right,an Accessory Use,or a Use by Special Review in the commercial
or industrial zone districts, provided that the property is not a Lot in an approved or recorded
subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling
subdivisions(storage of stone and masonry materials and stone and masonry installation equipment)
in the A (Agricultural) Zone District and 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. Hours of operation for the kennel facility are 10 AM to 6 PM as stated in the application
materials.(Department of Planning Services)
4. The kennel and masonry storage and staging business are to be operated by family members (no
outside employees)as stated in the application materials. (Department of Planning Services)
5. 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 every other week by a commercial hauler. (Department
of Public Health and Environment)
6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
•
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
7. 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.,as amended. (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. (Department of
Public Health and Environment)
9. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
10. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division of Animal
Industry. (Department of Public Health and Environment)
11. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved"dust abatement"plan,at all times. (Department of Public
Health and Environment)
12. This 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)
13. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment)
• 14. Adequate drinking, handwashing and toilet facilities shall be provided for visitors and clients of the
facility, at all times. Portable toilets and bottled water are allowed in accordance with Environmental
Health Policy 2.2.K. (Department of Public Health and Environment)
RESOLUTION USR12-0007
RICHARD ROOS
PAGE 7
• 15. A permanent, adequate water supply shall be provided when the number is stipulated in
Environmental Health Policy 2.2.K. The facility shall utilize the existing public water supply. (Central
Weld County Water District) (Department of Public Health and Environment)
16. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
17. Effective April 25,2011, Building Permits issued on the proposed lots will be required to adhere to the
fee structure of the Weld County Road Impact Program.(Ordinance 2011-2)(Department of Planning
Services)
18. Effective April 25,2011,Building Permits issued on the proposed lots,will be required to adhere to the
fee structure of the County Facility Fee and Drainage Impact Fee.(Ordinance 2011-2)(Department of
Planning Services)
19. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
20. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
21. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in accordance
with the plan. 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 constructed as traffic control devices. (Department of Planning Services)
22. The Screening on site shall be maintained in accordance with the approved Screening Plan.
(Department of Planning Services)
23. Forty(40)is the maximum number of dogs. Dogs over the age of six(6)months are counted towards
the maximum numbers described above in accordance with Section 23-1-90 of the Weld County
Code. (Department of Planning Services)
24. ZPMH-1674 was approved for a mobile home to be utilized for storage of materials and other goods
pertaining to the farm on this property. Upon the sale or lease of this property this mobile home shall
be removed.
25. Should noxious weeds exist on the property or become established as a result of the proposed
development the applicant/landowner shall be responsible for controlling the noxious weeds,pursuant
to Chapter 15, Articles I and II of the Weld County Code. (Department of Public Works)
26. Personnel from the Weld County Government 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
Development Standards stated herein and all applicable Weld County regulations.
27. The historical flow patterns and runoff amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases,diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
28. Weld County is not responsible for the maintenance of onsite drainage related features.(Department
• of Public Works)
29. A building permit will be required for any new construction, alteration, or addition to any buildings or
structures on the property. (Department of Building Inspection)
RESOLUTION USR12-0007
RICHARD ROOS
PAGE 8
• 30. A building permit application must be completed and two complete sets of floor plans must be
submitted for review.A geotechnical engineering report performed by a registered State of Colorado
engineer shall be required. (Department of Building Inspection)
31. Buildings and structures shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 2006 International
Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code: 2006
International Energy Code;2006 International Fuel Gas Code;2011 National Electrical Code; 2003
ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building
Inspection)
32. The 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.
33. 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.
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 families to respond to emergencies. County gravel roads, no matter how often
RESOLUTION USR12-0007
RICHARD ROOS
PAGE 9
• 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.
•
S
it/ 5J1 '2�
ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE-4827; PART S2 SECTION 27,T9N, R66W OF THE 6TH
P.M.,WELD COUNTY, COLORADO
LOCATION: NORTH OF AND ADJACENT TO CR 100; EAST OF AND ADJACENT TO CR
31.
i' Kim Ogle, Planning Services, presented Case USR-12-0021, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards. In addition, Public Works and
Environmental Health presented their reports and stated that they have no concerns with this request.
15* Gina Janett,project coordinator for the Town of Nunn,stated that they are updating the Town of Nunn's
water supply system with installing new water lines and a new water tower.
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.
i' Motion: Approve Case USR12-0021 along with the Conditions of Approval and Development
Standards, Moved by Benjamin Hansford, Seconded by Nick Berryman.
Vote: Motion carried by unanimous roll call vote(summary: Yes=7).
Yes: Alexander Zauder, Benjamin Hansford, Joyce Smock, Mark Lawley, Nick Berryman, Robert Grand,
Thomas Holton.
• `` CASE NUMBER: USR12-0007
APPLICANT: RICHARD ROOS
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A KENNEL(UP TO 40 DOGS)AND ANY USE PERMITTED AS A
USE BY RIGHT,AN ACCESSORY USE,OR A USE BY SPECIAL REVIEW IN THE
COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS, PROVIDED THA THE
PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION
PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF
ANY REGULATIONS CTONROLLING SUBDIVISIONS (STORAGE OF STONE
AND MASONRY MATERIALS AND STONE AND MASNRY INSTALLATION
EQUIPMENT) IN THE A(AGRICULTURAL ZONE DISTRICT)
LEGAL DESCRIPTION: SOUTH 330'OF THE N2 OF SECTION 13, T1N, R68W OF THE 6'"P.M.,WELD
COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 13(COLORADO BOULEVARD); 1/2 MILE
NORTH OF CR 8(SUMMIT BOULEVARD).
Chris Gathman, Planning Services, presented Case USR-12-0007, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards. In addition, Public Works and
Environmental Health presented their reports and stated that they have no concerns with this request.
Lauren Light, Environmental Health,reported on the conditions of approval and development standards
included in the staff report. She recommended amending Development Standard 13 by deleting the first
sentence. Additionally, she suggested amending Development Standard 14 by adding a second sentence
which states"Portable toilets and bottled water are allowed in accordance with Environmental Health Policy
2.2.K". In addition, Ms. Light recommended amending Development Standard 15 to read "A permanent,
adequate water supply shall be provided when the number is stipulated in Environmental Health Policy 2.2.K
• or exceeded."
EXHIBIT
kitr
Motion: Amend Development Standards 13, 14, and 15 as stated by Staff, Moved by Mark Lawley,
Seconded by Benjamin Hansford.
Motion passed unanimously.
Heidi Hansen, Public Works,reported on the conditions of approval and development standards included
in the staff report. Staff has no concerns with this request.
Richard Roos, 3525 CR 13, stated that they have operated a dog kennel for a number of years. In
addition,he stores stone left over from his masonry business. There are no employees that come to the site
for the masonry business. Clients come to the site by appointment only for the dog kennel.
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 he read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that he is in agreement.
r' Motion: Forward Case USR12-0007 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 Benjamin Hansford, Seconded by Alexander Zauder.
Vote: Motion carried by unanimous roll call vote(summary: Yes =7).
Yes: Alexander Zauder, Benjamin Hansford, Joyce Smock, Mark Lawley, Nick Berryman, Robert Grand,
Thomas Holton.
• CASE NUMBER: USR12-0016
APPLICANT: QUANAH CATTLE COMPANY, LLC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AGRICULTURAL SERVICE ESTABLISHMENTS PRIMARILY
ENGAGED IN PERFORMING AGRICULTURAL , ANIMAL HUSBANDRY OR
HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING
LIVESTOCK CONFINEMENT OPERATION(15,000 HEAD DAIRY CALF FACILITY)
IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: E2SE4 AND PART OF NE4 OF SECTION 28, T5N, R64W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 52;WEST OF AND ADJACENT TO CR 55.
Chris Gathman, Planning Services, presented Case USR-12-0016, reading the recommendation and
comments into the record. Mr. Gathman noted that the portion north of the Lower Latham Ditch is located
within the town limits of Kersey. The Town of Kersey, in their referral dated April 5,2012,had recommended
approval of this proposed facility with a condition that roads located within the town limits of Kersey be
included in the haul route as proposed in the Road Maintenance Agreement and that the Dust Control Plan be
enforced. The Department of Planning Services recommends approval of this application with the attached
conditions of approval and development standards.
Heidi Hansen, Public Works, reported on the conditions of approval and development standards
included in the staff report. A haul route will be established with the applicant. There is minimal traffic
proposed with this request. Staff has no concerns with this request.
ID' Troy Swain, Environmental Health, reported on the conditions of approval and development standards
included in the staff report. Staff has no concerns with this request.
• Tim Naylor,AGPROfessionals, LLC,4350 Hwy 66,Longmont,Colorado,stated that he is representing
Quanah Cattle Company. He added that this request is to convert an existing Butterball facility into a dairy calf
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