HomeMy WebLinkAbout20110091.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-1756
APPLICANT: James& Lori Meining
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Kennel (up to 25 dogs and 1 cat) in the A (Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A RE-2048; located in part of the NW4 of Section 9,T3N, R66W of the 6th
P.M.,Weld County, Colorado.
LOCATION: East of and adjacent to CR 29; approximately 1,100 feet south of CR 36.
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 facility is located on a parcel that is only 5.4 acres in size and
existing buildings and structures will be utilized for the kennel facility. No additional
agricultural land will be taken out of production.
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 is requiring 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 (up to 25 dogs and 1 cat) 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 site is located in an agricultural area. The nearest single-family residences are
located approximately 600-feet to the south and approximately 850-feet from the
proposed kennel facility. The Department of Planning Services is requiring dogs to be
kept indoors overnight. These and additional attached Development Standards and
Conditions of Approval will ensure that this use is compatible with adjacent uses.
• EXHIBIT
e
2011-0091 II 1 — 115(P
Resolution USR-1756
James& Lori Meining
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 Towns of
Gilcrest and Platteville. The site is not located within the Cooperative Planning Agreement
(IGA) boundaries for either Gilcrest or Platteville. No referral response was received from
either Gilcrest or Platteville.
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 proposed kennel facility is located on a parcel that is 5.4 acres in size and existing
buildings and structures will be utilized for the kennel facility. 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 the violation will be closed upon approval from the
Board of County Commissioners.
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-1756. (Department of Planning Services)
B. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
2. 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)
Resolution USR-1756
James& Lori Meining
Page 3
• 3. Add the following note to the plat: "Weld County is not responsible for the
maintenance of drainage related structures". (Department of Planning Services)
4. County Road 29 is a local gravel road, which requires 60 feet of right-of-way at
full build out. The applicant shall verify and delineate on the plat the existing right-
of-way (30-feet from centerline). All setbacks shall be measured from the edge of
future right-of-way. This road is maintained by Weld County. (Department of
Public Works)
C. In the event the applicant intends to utilize the septic system at the existing home for
clients and 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. The review shall consist of observation of the
system and a technical review describing the systems 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.
Alternately to the option stated above, the applicant shall install an individual sewage
disposal system for clients and kennel and kennel sanitation needs 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)
D. Submit documentation from Central Weld County Water District indicating that the
•
existing tap is sufficient for the kennel operation. (Department of Public Health &
Environment)
E. The applicant shall provide written evidence to the Weld County Department of Public
Health and Environment that the applicant has contacted the Colorado Department of
Agriculture (CDA), Division of Animal Industry. This contact shall determine if a license
under the Pet Animal Care Facilities Act (PACFA), as defined under C.R.S. 35-80-101
through 117. C.R.S. is required, or provide evidence that the applicant is not subject to
the PACFA requirements. (Department of Public Health and Environment)
F. 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)
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. 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 Arcinfo 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 maps(a).co.weld.co.us. (Department of Planning Services)
Resolution USR-1756
James & Lori Meining
Page 4
• 4. 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
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 December 7, 2010.
Dated the 7th of December, 2010.
47 I) iti!SktrIt
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• James & Lori Meining
USR-1756
1. The Site Specific Development Plan and Special Use Permit is for a kennel (up to 25 dogs raised for
herding, hunting and family pets and 1 cat) 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 during night-time hours (7 PM to 7 AM). (Department of Planning
Services)
5. Twenty-Five (25) 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-1756
James & Lori Meining
Page 6
• 16. 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 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 public water supply (Central Weld County Water District).
(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 existing access and gravel driveway shall be graded and drained to provide an all-weather
access to the facility. (Department of Public Works)
21 The applicant shall utilize the existing residential access to this parcel. (Department of Public
Works)
22. 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)
23. 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)
24. 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)
25. 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)
26. Provide letter of approval from the Platteville/Gilcrest Fire Protection District prior to construction
of any structure and/or change of use of any existing building or structure. (Department of Building
Inspection)
27. 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)
28. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
29. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
30. 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.
•
Resolution USR-1756
James& Lori Meining
Page 7
• 31. 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.
32. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners.
•
•
/,2-7- Qof o
been received regarding this case.
• The Department of Planning Services recommends approval of this case along with the attached conditions of
approval and development standards.
Mr. Ogle requested an amendment to the Conditions of Approval, specifically 1.1 to read"The applicant shall
submit payment for the administrative fee associated with requested continuance of the Planning Commission
hearing for land use case number USR-1758 for Javier Barron-Sixtos, applicant".
Lauren Light, Environmental Health, stated that water is provided by a well. Currently, the well is limited to
domestic use and the applicant will need to re-permit the well to commercial use. There is an existing septic
system for the house onsite which is sized for eight (8) people. There are 23 people who come to the site;
therefore the applicant will need to have the system evaluated or they can install a new system for the
employees. More information is required for the Dust Abatement and Waste Handling Plans.
Heidi Hansen, Public Works, stated that County Road 22 is an arterial roadway requiring 140 feet of right-of-
way; currently there is 60 feet of right-of-way. A traffic count taken in April 2009 indicated 1,209 vehicles per
day. The applicant is utilizing the existing access off of County Road 22. The applicant is providing a water
quality depression to control run-off.
Rosalina Barron, 120 S Columbine St, Johnstown CO, stated that they have a roust-about service. The site is
used mainly for storage because the employees come in and take their work orders and leave the site. The
employees are there for a maximum of two hours. Ms. Barron indicated that she is talking to the Division of
Water Resources to obtain the commercial well.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
• Jason Maxey moved to add a new Condition of Approval 1.1 as stated by staff and re-letter accordingly,
seconded by Roy Spitzer. Motion carried.
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-1758, 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 Nick Berryman.
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,yes; Jason Maxey,yes;
Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
CASE NUMBER: USR-1756
APPLICANT: James& Lori Meining
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Kennel (up to 25 dogs and 1 cat) in the A (Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A RE-2048; located in part of the NW4 of Section 9,T3N, R66W of the 6th
P.M.,Weld County, Colorado.
LOCATION: East of and adjacent to CR 29; approximately 1,100 feet south of CR 36.
Chris Gathman, Planning Services, commented that this application is to correct a zoning violation (ZCV10-
00037)for operating a kennel without first obtaining the necessary Weld County zoning permits. Should this
application be approved the violation will be dismissed.
The site is located in an agricultural area. The nearest single-family residences are located approximately 600
• feet to the south and approximately 850 feet to the east from the proposed kennel facility.
EXHIBIT
I
The Department of Planning Services is requiring that dogs be kept indoors overnight. These and additional
• development standards and conditions of approval will ensure compatibility with the adjacent land uses.
Thirteen referral agencies reviewed this case; seven referral comments were received and either indicated no
conflict with their interests or have been addressed through conditions of approval or development standards.
The site is located within the three mile referral area of the Towns of Platteville and Gilcrest. No referral
responses have been received from either municipality. No letters or phone calls have been received from
surrounding property owners in regard to this case.
The Department of Planning Services recommends approval of this application along with the attached
development standards and conditions of approval.
Mary Evett, Environmental Health, commented that there is an existing septic system permitted for a two
bedroom residence, which is equivalent to four people. Water is supplied by Central Weld County Water
District. Clients will be coming to the site and will need access to the restroom and potable water facilities. If
the existing septic system will be used for the kennel operation then it needs to be evaluated by an engineer to
determine if it is adequate. Alternately, a separate septic system designed by an engineer may be installed for
the kennel operation. Staff is requesting that Central Weld County Water District submit documentation that
they have no objection to this request.
Heidi Hansen, Public Works, commented that County Road 29 is a local, gravel road which requires 60 feet of
right-of-way; currently there is 60 feet of right-of-way. The applicant is going to use the existing residential
access to the parcel. The applicant has provided a water quality depression to control stormwater run-off.
James Meining, 16662 CR 29, Platteville CO, commented that they started this operation to help out their
children with 4-H and FFA projects. Currently there are 12 dogs onsite. They have received the license from
the State of Colorado Pet Animal Care Facilities Association (PACFA).
• Bill Hall asked if they frequently have customers come to the site. Mr. Meining said that they have litters once
every three to four months, so when clients come it is sporadic. He added that they occasionally may come
back to look at the dogs again to decide.
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 has read through the Development Standards and Conditions of Approval
and if they are in agreement with those. The applicant replied that he is in agreement.
Robert Grand moved that Case USR-1756, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, seconded by Alexander Zauder.
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,yes;Jason Maxey,yes;
Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
CASE NUMBER: USR-1759
APPLICANT: Kurt& Becki Schwader
PLANNER: Michelle Martin
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Use
Permitted as a Use by Right,Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone District(heating and air conditioning)in the A
(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A RE-2139 being part of the W2 NW4 of Section 14,T4N, R68W of the 6th
P.M., Weld County, Colorado.
• LOCATION: South of and adjacent to CR 46; East of and adjacent to 1-25 Frontage Rd.
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