HomeMy WebLinkAbout20101059.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-1732
APPLICANT: Michael& Pamela Weiss
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Kennel (up to 15 personal dogs) in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot B RE-3666; located in Part of the W2SW4 of Section 33, T3N, R66W of the
6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to CR 26 and approximately 1 mile west of CR 31.
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 A.Goal 1 states, "Respect and encourage the continuation of agricultural
land uses and agricultural operations for purposes which enhance the economic health and
sustainability of agriculture." The parcel on which the Kennel facility is located is a Recorded
Exemption created in November 2003 and consists of approximately 75 acres. There are
• existing improvements: The Weiss residence, outbuildings and numerous oil and gas
encumbrances. The Kennel is for personal use of their 15 dogs.
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 (to
accommodate 15 personal dogs), 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 existing kennel which has an active zoning violation (ZCV-09-
00175) for the presence of too many household pets is seeking approval at this location for
15 dogs owned by the property owner. Surrounding properties are predominately agricultural
in character. West of the property is farmed and has a center pivot; North of the property are
two residences with horse on dryland pasture; East is a residence with cattle on dryland
pasture, South of the site is the nearest residence at 1528 feet from the Weiss residence
and across CR 26 is an agricultural crop dusting business permitted under USR-1504. Staff
contends that the existing use is compatible and that the Development Standards and
Conditions of Approval will ensure that this use is compatible with adjacent uses.
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 area for the Town of Platteville.
The Town in a referral dated January 14, 2010, indicated they had reviewed the request and
find no conflicts with their interests.
E. Section 23-2-220.A.5 --The site is not located within the floodplain as defined by the FIRM
• Community Panel Map 080266-0860C, dated September 28, 1982.
Effective January 1, 2003, Building Permits issued on the proposed lots will be required t m
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
2010-1059
Resolution USR-1732
Michael & Pamela Weiss
Page 2
• 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 site is located in land
designated as "Other" according to the according to the U.S.D.A. Soil Conservation Map,
dated 1979.
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.
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-1732. (Department of Planning Services)
B. The plat shall be amended to delineate the following:
• 1. The attached Development Standards. (Department of Planning Services)
2. County Road 26 is designated on the Weld County Road Classification Plan as a
local gravel road, which requires 60 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way. The applicant shall verify the existing right-of-way
and the documents creating the right-of-way. If the right-of-way cannot be verified, it
shall be dedicated. This road is maintained by Weld County. (Department of Public
Works)
C. All vehicles located on the property must be operational with current license plates, or be
screened from all adjacent properties and public rights of way, or be removed from the
property. All other items considered to be part of a noncommercial junkyard must also be
removed from the property or screened from adjacent properties and public rights-of-way.
D. 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 a digital copy of this Use by Special
• Review, as appropriate. 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 dhuerter(@co.weld.co.us (Department of Planning Services)
Resolution USR-1732
Michael & Pamela Weiss
Page 3
• Motion seconded by Nick Berryman.
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 May 4, 2010.
Dated the 4th of May, 2010.
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• Pamela & Michael Weiss
USR-1732
1. The Site Specific Development Plan and a Special Review Permit for a kennel (to accommodate 15
dogs), 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 have no 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. 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 from the facility and disposed 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, if applicable. (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 for non-specified areas as
delineated in 14-9-30 of the Weld County Code. (Department of Public Health and Environment)
13, The facility shall utilize the existing individual well, permit number 251600. (Department of Public
Health and Environment)
14. 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)
15. 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)
Resolution USR-1732
Michael & Pamela Weiss
Page 5
• 16. 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)
17. 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)
18. The existing access to the parcel shall remain the primary point of ingress and egress. (Department
of Public Works)
19. There will be no parking or staging of vehicles associated with this facility on the County Roads.
(Department of Public Works)
20. 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)
21. 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)
22. The landscaping on site shall be maintained in accordance with the approved Landscape Plan.
(Department of Planning Services)
23. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
• 24. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
25. 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.
26. 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.
27. 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.
•
After reviewing the current development standards, staff felt that they were adequate and recommended
• deleting Condition of Approval 1.8 and 1.C.
Mark Lawley moved to delete Condition of Approval 1.B and 1.C as recommended, seconded by Robert
Grand. Motion carried.
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 applicants if they read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicants replied that they are in agreement.
Robert Grand moved that Case USR-1735 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,
absent; Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair called a brief recess and reconvened at 1:52 pm.
The Chair read the following case into record.
CASE NUMBER: USR-1732
APPLICANT: Michael & Pamela Weiss
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Kennel (up to 15 personal dogs) in the A(Agricultural)Zone District.
•
LEGAL DESCRIPTION: Lot B RE-3666; located in Part of the W2SW4 of Section 33, T3N, R66W of the
6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to CR 26 and approximately 1 mile west of CR 31.
Kim Ogle, Planning Services, commented that the site is located within the three mile referral area for the
Town of Platteville. The Town of Platteville, in their referral dated January 14, 2010, indicated that they
reviewed the request and found no conflicts with their interests.
The existing kennel is in violation for the presence of too many household pets.
Surrounding properties are predominately agriculture in character. Located to the west of the property is
farmland. North of the property are two residences and dryland pasture. To the east is dryland pasture as
well.
Fourteen referral agencies reviewed the case. Six(6) referral agencies offered comments and are addressed
through the conditions of approval and development standards.
No letters or phone calls have been received in regard to this case from surrounding property owners.
The Department of Planning Services recommends approval of this case along with the attached conditions of
approval and development standards.
Lauren Light, Environmental Health, commented that the applicant has a domestic well permit. She added
that the applicants do not wish to change the well permit to commercial as it limits what they can do on their
property. Since this is 15 of their own personal dogs, there are no septic issues. Ms. Light commented that
the applicants did a good job of addressing conditions prior to this meeting.
• Heidi Hansen, Public Works, commented that County Road 26 is a local gravel road. No stormwater drainage
measures were required because it is for their personal dogs and not a business.
EXHIBIT
I lam/
- }113
• Michael Weiss commented that his wife has been actively engaged over the last 16 to 20 years in dog rescue
for the local region. He added that she has a big heart and over the number of years in trying find homes for
these animals they have accumulated a number of dogs as their own.
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 applicants if they read through the Development Standards and Conditions of Approval
and if they are in agreement with those. The applicants replied that they are in agreement.
Robert Grand moved that Case USR-1732 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 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, yes; Jason Maxey,
absent; Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair read the last case into record.
CASE NUMBER: USR-1734
APPLICANT: Jimmie&Tamara James
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Home Business (feed distribution business) in the A (Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A RE-2158; Part E2SE4 of Section 29, T2N, R63W of the 6th P.M., Weld
County, Colorado.
LOCATION: North of and adjacent to CR 16 and west of and adjacent to CR 65.
•
Kim Ogle, Planning Services, commented that this application is for a home business. The applicants are in
the feed distribution business for Kent Feeds.
The site is not located within an intergovernmental agreement area; however it does lie within the three mile
referral area for the Town of Keenesburg. The Town, in their referral dated January 14, 2010, indicated that
they reviewed the request and found no conflicts with their interests.
Access to the property is from County Road 65, maintained by Weld County.
Currently the property is in violation for the presence of a feed and seed business without an approved and
recorded Use by Special Review permit.
The business is located 150 feet from County Road 16 and approximately 100 feet from County Road 65 on a
recorded exemption parcel. Adjacent parcels to the north,east and west are also recorded exemption parcels
with residences and outbuildings.
The applicant indicates that there is no outdoor storage as the feed is stored on pallets within an existing
structure.
Surrounding property in all directions is zoned agricultural and is predominately single family homes. The
applicant provided a letter of support signed by six(6)surrounding property owners indicating no opposition to
their proposed use.
Eleven referral agencies reviewed the application. Six (6) referral agencies offered comments and are
addressed through conditions of approval and development standards. Aside from the letter of support of the
application, no letters or phone calls were received.
•
The Department of Planning Services recommends approval of this case along with the attached conditions of
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