HomeMy WebLinkAbout20110395.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Robert Grand,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: USR-1766
APPLICANT: James Terry
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit fora Kennel
(up to 99 dogs of a non-specified breed) in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A AmRE-2765; located in the W2NE4 of Section 2, Ti N, R67W of the 6th
P.M., Weld County, Colorado.
LOCATION: North of and adjacent to State Hwy 52 and approximately 1/4 mile west of CR 23.
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 22-2-20.G.2. A.Policy 7.2.of the Weld County Code 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 kennel is located immediately to the south of an existing construction office
and shop(Nelson Pipeline—USR-1375). The proposed facility will share the existing access
off of State Highway 52 with the construction office and shop.Additionally,the kennel building
will be located on a developed portion of the property.
Section 22-2-20 I. A.Goal 9 states"Reduce potential conflicts between varying land uses in
the conversion of traditional agricultural lands to other land uses."
Conditions of approval and development standards are attached to address potential conflicts
with surrounding land uses.
The Department of Planning Services is recommending that any dogs be kept indoors during
evening hours.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Section 23-3-40.K of the Weld County Code provides for Kennels(for up to 99
dogs of a non-specified breed) as a Use by Special Review 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 proposed kennel is located immediately to the south of an
existing construction office and shop(Nelson Pipeline—USR-1375). Residences are located
approximately 1,000 feet and 1,300 feet to the west and east of the proposed kennel facility.
Two letters have been submitted with the application from the nearest residence to the west
and Nelson Pipeline to the north of the proposed facility indicated no conflict with their
interests. The property shares an existing access off of State Highway 52 with Nelson
• Pipeline Contractors to the north.The property is well screened from State Highway 52 and to
the east by existing mature trees. Conditions of approval and development standards(limiting
hours of operation to daylight hours, visits by appointment only...) are attached to address
potential conflicts with surrounding land uses. 5-.r7
2011-0395
Resolution USR-1766
James Terry
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. The site is located within the 3-mile referral areas for the City of Fort Lupton
and the Town of Frederick. The site is not located within the Coordinated Planning
Agreement (IGA) boundaries for either Fort Lupton or Frederick. Both Fort Lupton and
Frederick returned referral responses indicating no conflict with their interests.
E. Section 23-2-220.A.5 --The site is not located within the floodplain or any overlay districts.
Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
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 designated as "Prime (Irrigated)" by the 1979 USDA Soil Conservation
Services map. The proposed kennel facility is located on a parcel that is 13.25 acres in size
and the building is adjacent to an existing developed area of the site. No agricultural land will
be taken out of production.
• G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
H. Section 23-4-400 — The attached Conditions of Approval and Development Standards will
ensure that the kennel will be operated according to the supplementary kennel requirements
outlined in this Section of the Weld County Code.
Previously, the property was in violation (ZCV-10-00037) for operating a kennel without an approved and
recorded Use by Special Review permit (USR); however upon approval from the Board of County
Commissioners the violation will be closed.
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. All plat sheets shall be labeled USR-1766. (Department of Planning Services)
B. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
2. Prepare plat in accordance with Section 23-2-260.D. (Department of Planning
Services)
•
Resolution USR-1766
James Terry
Page 3
• 3. The dimensions of parking spaces shall be indicated on the plat. Parking shall meet
the design requirements for off-street parking outlined in Appendix 23-A of the Weld
County Code. (Department of Planning Services)
4. Show the water quality area on the USR plat and label it as"Water Quality, No Build
or Storage Area". (Department of Public Works)
5. The trash collection area. (Department of Planning Services)
6. Add the following note to the plat: "Weld County is not responsible for the
maintenance of drainage related structures". (Department of Public Works)
C. The applicant shall provide written documentation that a license under the Pet Animal Care
Facilities Act(PACFA)been issued. The documentation shall be submitted to Environmental
Health Services, Weld County Department of Public Health and Environment and to the
Department of Planning Services. (Department of Public Health & Environment)
D. The applicant shall attempt to address the requirements of the Fort Lupton Fire Protection
District as stated in their referral received November 3, 2010. Written evidence of such shall
be provided to the Department of Planning Services. (Fort Lupton Fire Protection District)
E. The applicant shall address the requirements of the Department of Building Inspection as
stated in their referral dated August 31, 2010. The applicant shall provide written evidence
from the Department of Building Inspection to the Department of Planning Services that the
required building permits have been applied for. (Department of Planning Services)
F. The nearest north-south County Road shall be indicated on the vicinity map. (Department of
•
Planning Services)
G. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
2. Upon completion of 1. above 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 sixty (60) 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. Prior to Construction:
A. Building permits shall be obtained prior to starting construction.A plan review is required for each
building or structure for which a building permit is required. Two complete sets of plans are
required when applying for each permit. Include a Code Analysis Data sheet for the Weld County
Building Department for each structure that requires a permit. Submittal plans shall include a floor
plan showing the specific uses of each area for the building. Plans shall bear the wet stamp of a
Colorado licensed Architect or Engineer. (Department of Building Inspection)
B. Buildings 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; 2008 National Electrical Code; 2006 International Mechanical Code; 2006 International
Plumbing Code;2006 International Energy Code; 2006 International Fuel Gas Code; 2003 ANSI
117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building
•
Inspection)
Resolution USR-1766
James Terry
Page 4
• 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
senttomaps@co.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 Bill Hall.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
Mark Lawley
Nick Berryman
Jason Maxey
• 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 4, 2011.
Dated the 4th of January, 2011.
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• James Terry
USR-1766
1. The Site Specific Development Plan and Special Use Permit is for a kennel (for up to 99 dogs of a
non-specified breed) 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. The facility shall be operated by the owner(s)of the property. No outside employees. (Department of
Planning Services)
4. Dogs shall be kept indoors from dusk to dawn. (Department of Planning Services)
5. Ninety-Nine (99) is the maximum number of adult dogs allowed on the site at any one time. Dogs
over the age of six(6)months are counted in the maximum number of adult dogs in accordance with
Section 23-1-90 of the Weld County Code. (Department of Planning Services)
6. Customer visits to the site are by appointment only. (Department of Planning Services)
7. 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 by a commercial hauler. (Department of Public
Health and Environment)
8. 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)
9. 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)
10. 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)
11. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
12. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division of Animal
Industry, if applicable. (Department of Public Health and Environment)
13. 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)
14. 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)
15. Adequate drinking, handwashing and toilet facilities shall be provided for employees, visitors and
• clients of the facility, at all times. (Department of Public Health and Environment)
Resolution USR-1766
James Terry
Page 6
• 16. Sewage disposal for the facility shall be by septic system. In the event the applicant intends to utilize
the septic system at the existing home for clients, employees and/or kennel sanitation needs, the
septic system shall be reviewed by a Colorado Registered Professional Engineer if the usage
exceeds 4 people and/or wastewater from the kennel flows into the septic system. If the system is
found to be inadequately sized or constructed the system shall be brought into compliance with
current regulations. 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)
17. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The facility
shall utilize the existing private water supply(Well Permit No. 74441-F). (Department of Public Health
and Environment)
18. 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)
19. The applicant must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Public Works)
20. The gravel driveway portion of the access and the parking shall be graded and drained to provide an
all-weather access to the facility. (Department of Public Works)
21 Building permits shall be obtained prior to starting construction. A plan review is required for each
building or structure for which a building permit is required. Two complete sets of plans are required
when applying for each permit. Include a Code Analysis Data sheet for the Weld County Building
•
Department for each structure that requires a permit. Submittal plans shall include a floor plan
showing the specific uses of each area for the building. Plans shall bear the wet stamp of a Colorado
licensed Architect or Engineer. (Department of Building Inspection)
22. Buildings 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; 2008 National Electrical Code; 2006 International Mechanical Code; 2006 International
Plumbing Code; 2006 International Energy Code; 2006 International Fuel Gas Code; 2003 ANSI
117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building
Inspection)
23. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if 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. (Department of Public Works)
24. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the County Road Impact Program. (Ordinance 2002-11)
25. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the
fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40)
26. Proper building permits shall be obtained prior to construction of any new structure and/or change of
use of any existing building or structure. (Department of Building Inspection)
27. Provide letter of approval from the Fort Lupton Fire Protection District prior to construction of any
structure and/or change of use of any existing building or structure. (Department of Building
• Inspection)
Resolution USR-1766
James Terry
Page 7
• 28. 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)
29. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
30. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
31. Personnel from the Weld County Departments of Public Health and Environment, Planning Services
and Public Works 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.
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.
•
•
• SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, January 4, 2011
A regular meeting of the Weld County Planning Commission was held in the Weld County Department of
Planning Services, Hearing Room, 918 10th Street, Greeley, Colorado. The meeting was called to order by
Chair, Tom Holton, at 1:30 p.m.
..-
ROLL CALL ABSENT .r "
.. „_ om
Tom Holton r -- '
N
Mark Lawley :-
Nick Berryman r�.
Erich Ehrlich f`
Robert Grand C- „
Bill Hall r�
Roy Spitzer
Alexander Zauder
Jason Maxey
Also Present: Kim Ogle, Chris Gathman and Michelle Martin, Department of Planning Services; Don Carroll
and Heidi Hansen, Department of Public Works; Lauren Light and Mary Evett, Department of Health; Bruce
Barker, County Attorney, and Kris Ranslem, Secretary.
Robert Grand moved to approve the December 7, 2010 Weld County Planning Commission minutes,
seconded by Bill Hall. Motion carried.
• The Chair read the first case into record.
CASE NUMBER: USR-1766
APPLICANT: James Terry
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit fora Kennel
(up to 99 dogs of a non-specified breed) in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A AmRE-2765; located in the W2NE4 of Section 2, T1 N, R67W of the 6th
P.M., Weld County, Colorado.
LOCATION: North of and adjacent to State Hwy 52 and approximately 1/4 mile west of CR 23.
Chris Gathman, Planning Services, stated that the proposed kennel is located immediately to the south of an
existing construction office and shop (Nelson Pipeline)approved under USR-1375. Residences are located
approximately 1,000 feet and 1,300 feet to the west and east of the proposed kennel facility. Two letters have
been submitted from the nearest residence to the west and from the Nelson Pipeline to the north of the
proposed facility. Both letters indicated no conflict with their interests.
The property shares an existing access off of State Highway 52 with Nelson Pipeline Contractors. The
property is well screened from State Highway 52 and also to the east by existing mature trees. Conditions of
approval and development standards, such as limiting of hours of operation to daylight hours and visits by
appointment only, are attached to address potential conflicts with surrounding land uses.
Sixteen referral agencies reviewed the case;ten referral agencies responded and either indicated no conflict
with their interests or indicated approval with conditions. The site is located within the three mile referral areas
for the City of Fort Lupton and the Town of Frederick. Referral responses have been received from both
municipalities and both have indicated no conflict with their interests.
The Department of Planning Services recommends approval of this application with the attached conditions of
• approval and development standards.
Lauren Light, Environmental Health, stated that water is provided by a commercial well. Ther- ' -. - ••
4.
I- 17-
_. ..u• ¢ _,fie.; ;°
• septic system for the home which is sized for four(4) people. Staff did receive an engineer's evaluation in
October 2010 and it indicates that that system will accommodate the full-time resident in the house, a part-
time employee, two clients per week and washing each dog six times per year. The applicants have applied
for a PACFA license through the Department of Agriculture. Ms. Light said that she has received an email
from the Department of Agriculture which states they don't see any problems with it; however it is not issued
yet.
Ms. Light stated that Condition of Approval 1.C may be deleted regarding the Dust Abatement Plan since it
has been submitted.
Roy Spitzer moved to delete Condition of Approval 1.C, seconded by Jason Maxey. Motion carried.
Heidi Hansen, Public Works, stated that the access is onto State Highway 52, which is controlled by CDOT.
Ms. Hansen said that CDOT has indicated that they have no concerns with this use. The access is paved and
shared with Nelson Pipeline.
Cheryl Pestotnik„Arvada CO,stated that she and her father(Jim Terry)are very excited about starting a new
business together. She added that they both grew up in a farm environment and have a love of animals. Mr.
Terry raises Daschund puppies and she raises Cocker Spaniel litters. Ms. Pestotnik stated that they are
looking to start off small with maybe four(4) dogs and see how that goes. She added that they are looking
forward to this opportunity.
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 amended Development Standards and Conditions
of Approval and if they are in agreement with those. The applicant replied that they are in agreement.
• Robert Grand moved that Case USR-1766, be forwarded to the Board of County Commissioners along with
the amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Bill Hall.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Erich Ehrlich,yes; Robert Grand,yes; Bill Hall,yes;Alexander Zauder, absent; Jason Maxey,
yes; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair read the next case into record.
CASE NUMBER: PZ-1140
APPLICANT: Merino Conservation Group, LLC
PLANNER: Michelle Martin
REQUEST: Change of Zone from the A(Agricultural)Zone District to the PUD (Planned Unit
Development)Zone District for nine(9)lots with E(Estate)Zone District uses,and
approximately thirteen (13) acres of common open space - Twin Peaks at Iris
Lane PUD.
LEGAL DESCRIPTION: Lot C AmRE-3983, Part S2NW4 of Section 5,T4N, R68W of the 6th P.M.,Weld
County, Colorado.
LOCATION: East of and adjacent to CR 3 and approximately'A mile south of State Hwy 60.
Michelle Martin, Planning Services, stated that the proposed site is not influenced by an Inter-Governmental
Agreement. The proposed development is located within the three mile referral area of the Towns of Berthoud
and Johnstown, and Boulder and Larimer County. Larimer County, Town of Berthoud and Town of
Johnstown indicated no conflicts with their interests. The Weld County Planning Department has not received
a response from Boulder County.
• The site is located within 1/4 mile of the Garcia PUD and Twin View Estates PUD.
The proposed PUD will be serviced by the Little Thompson Water District for potable water. Individual
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