HomeMy WebLinkAbout20100255 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-1717
APPLICANT: Sandra Rakowski
PLANNER: Michelle Martin
REQUEST: A Site Specific Development Plan and Use by Special Review for a Kennel (up
to 7 dogs, 3 cats, and 3 birds) in the A (Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A of RE-2733; located in part of the S2 of Section 24,T2N, R67W of the 6th
P.M., Weld County, Colorado.
LOCATION: North of and adjacent to CR 18 and approximately 1,100 feet east 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 22-2-150D.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." Development Standards and Conditions of Approval will ensure that the proposed
• use will be compatible with the area. The surrounding property is primarily residential in
nature. Section 23-2-240.A.10 of the Weld County Codes states "...that buffering or
screening of the proposed use from adjacent properties may be required in order to make the
determination that the proposed use is compatible with the surrounding uses." The applicant
has already installed landscaping and fencing that adequately screens the use from
surrounding properties and public 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 (up to 7 dogs, 3 cats, and 3 birds) in the in the A
(Agricultural) Zone District.
Currently the property is in violation(ZCV09-00187)for the additional household pets without
an approved and recorded Use by Special Review permit(USR). If the USR is approved,the
violation will be closed. If denied, the case shall be refereed to the County Attorney's office
but delay legal action for 30 days in order to give the applicant time to ensure that the animals
units have been reduced to the number allowed by right in the 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 surrounding property to the north, south, east and west are zoned Agricultural (A)with
single family homes and two gravel operations to the east AmUSR-1255 and USR-1394.The
property is located within the three mile referral area for the City of Fort Lupton. The Weld
County Department of Planning Services has not received a referral from the City of Fo
Lupton.Therefore, given the minimal impact of the proposed use 7 dogs, 3 cats, and 3 birds
• the use will be compatible with the surrounding land uses. r.
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
2010-0255
Resolution USR-1717
Sandra Rakowski
Page 2
• 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 property is not located within an Intergovernmental Agreement Area but does lies within
the three mile referral area for the City of Fort Lupton. The Weld County Department of
Planning Services has not received a referral from the City of Fort Lupton. The surrounding
area is Agricultural in nature with a few single family residences in the area along with
AmUSR-1255 and USR-1394 for gravel operations. Staff believes that the Conditions of
Approval and Development Standards will ensure that the use will be compatible with existing
surrounding land uses.
E. Section 23-2-220.A.5 -- The application complies with Article V of the Weld County Code.
The existing site is within the County Road Impact Fee Area, Capital Expansion Impact Fee,
and the Stormwater/Drainage Impact Fee area.
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. (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 classified as "Other" as delineated on the Important Farmlands of Weld '
• County map, dated 1979. This size of the parcel (3.25 acres) and is currently developed
therefore it is not conducive to agricultural uses.
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. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR-1717. (Department of Planning Services)
B. The attached Development Standards. (Department of Planning Services)
C. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
D. 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)
Resolution USR-1717
Sandra Rakowski
Page 3
• 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 thirty (30) 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. In accordance with Weld County Code Ordinance 2006-7 approved June 1,2006, should the plat not
be recorded within the required thirty (30) 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 dhuerterco 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 February 2, 2010.
Dated the 2nd of February, 2010.q
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Sandra Rakowski
•
USR-1717
1. A Site Specific Development Plan and Use by Special Review permit for a Kennel (up to 7 dogs, 3
cats, and 3 birds) in the 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. 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)
4. 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)
5. 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)
6. 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)
•
7. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
8. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division of Animal
Industry. (Department of Public Health and Environment)
9. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone
as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
10. 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)
11. The facility shall utilize the existing individual well (permit 162220). (Department of Public Health
and Environment)
12. 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)
13. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of
Planning Services)
14. 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) (Department of Planning Services)
15. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
Resolution USR-1717
Sandra Rakowski
Page 5
• 16. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code.
17. 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)
18. The Screening on site shall be maintained in accordance with the approved Screening Plan.
(Department of Planning Services)
19. Seven(7)is the maximum number of dogs,three(3)is the maximum number of cats,and three(3)is
the maximum number of birds allowed on the site at any one time. Dogs,cats, and birds 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)
20. All the animals are owned by the property owner and there will be no customers or employees using
the site. (Department of Planning Services)
21. 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)
22. 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.
23. 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)
24. 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.
25. 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.
26. 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
Resolution USR-1717
Sandra Rakowski
Page 6
• 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
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, sand burs, 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.
A?-a-C2Ojo
• Michelle Martin, Planning Services,commented that the applicant and staff would like to request that this case
remain on the consent agenda.
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 read the next case into record.
CASE NUMBER: USR-1717
APPLICANT: Sandra Rakowski
PLANNER: Michelle Martin
REQUEST: A Site Specific Development Plan and Use by Special Review for a Kennel (up
to 7 dogs, 3 cats,and 3 birds) in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A of RE-2733; located in part of the S2 of Section 24,T2N, R67W of the 6th
P.M., Weld County, Colorado.
LOCATION: North of and adjacent to CR 18 and approximately 1,100 feet east of CR 23.
Michelle Martin, Planning Services, stated that the applicant and staff would like for this case to remain on the
consent agenda.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
CASE NUMBER: USR-1657
APPLICANT: LaFarge West, Inc
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Mineral
Resource Development Facility, including Open Pit Gravel Mining and Materials
• Processing, in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: E2 SE4 Section 25; NE4 Section 36,T6N, R67W;and W2 SW4 Section 30; NW4
Section 31,T6N, R66W of the 6th P.M., Weld County,Colorado.
LOCATION: South of and adjacent to CR 64.5 and East and West of,and adjacent to CR 25.
Kim Ogle, Planning Services, stated that the applicant and staff would like to request that this item remain on
the consent agenda.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Robert Grand moved to approve the Consent Agenda which includes Cases USR-1694,USR-1717,and USR-
1657 and that they are 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. Motion carried unanimously.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. Robert Grand
inquired on the status of the recommended tier structure for USRs. Mr. Ogle commented that staff has been
working on it through the process of recommending code changes. Mr. Grand asked if there is a time
estimate on those changes. Mr. Ogle replied that the changes will most likely occur in a year. Trevor J iricek,
Planning Director, said that staff has an internal deadline of February 10, 2010 to have drafts prepared.
Nick Berryman mentioned that in a lot of cases a number of people say that we should reexamine the 500 foot
notification requirement. He asked for input from the Commissioners and staff. Mr. Ogle said that staff can
research some counties to see what they require and see if it is worthy of change. He added that 500 feet has
•
been the County standard for a very long time. Mark Lawley asked if it is a requirement to have a
neighborhood meeting. Mr. Ogle said that in some cases it is a strong recommendation but not a
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