HomeMy WebLinkAbout20100796.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Mark Lawley, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1733
APPLICANT: Susan Maestas
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Kennel (up to 40 dogs) and an Animal Grooming Shop (dogs and cats) in the A
(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot 4, Block 43,Aristocrat Ranchettes Subdivision 2nd Filing, located in Part
SW4 of Section 27,T2N, R66W of the 6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to Lamb Avenue and east of CR 31.
be recommended favorably to the Board of County Commissioners for the following reasons:
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."
•
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."
The proposed use is located on a one (1) acre parcel in an existing subdivision that is
zoned Agricultural. The application indicates that there will be only one (part-time) outside
employee along with the owner and family members residing on site. Dog grooming will
be by appointment only (9 AM to 3 PM Tuesday—Saturday).
The Department is requiring that any dogs to be boarded overnight 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 40 dogs) along with an animal grooming shop (dogs and cats) 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. This use is located in an existing subdivision (Aristocrat
Ranchettes). Single family residences on one (1) acre lots are located to the north, south
and east of the site. The application indicates outside customers coming to the site will be
by appointment only. Additionally 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.
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 Cit of
Fort Lupton. No referral response was received from the City of Fort Lupton. EXHIBIT
2010-0796 [J
V*-1'733
Resolution USR-1733
Susan Maestas
Page 2
• 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 site is located
on one (1) acre parcel in an existing platted subdivision with an existing residence and
improvements located on the property.
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-09-00283) for operating a kennel without an approved and
recorded Use by Special Review permit (USR); however the violation will be closed upon Board of County
Commissioner approval.
• 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-1733. (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)
3. Indicate the scale on the plat. (Department of Planning Services)
4. Lamb Avenue 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. 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 visitor,
employee, patron and/or kennel and grooming sanitation needs, the septic system shall be
• reviewed by a Colorado Registered Professional Engineer. The review shall consist of
observation of the system and a technical review describing the systems ability to handle the
proposed hydraulic load.The review shall be submitted to the Environmental Health Services
Resolution USR-1733
Susan Maestas
Page 3
• 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.
D. Alternately to option C above,the applicant shall install an individual sewage disposal system
for visitor, patrons and kennel and grooming 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)
E. The applicant shall provide a copy of the new license from the Pet Animal Care Facilities Act
(PACFA)to the Weld County Department of Public Health and Environment. (Department of
Public Health and Environment)
F. The applicant shall submit a dust abatement plan, detailing on site dust control measures,for
review and approval, to the Environmental Health Services, Weld County Department of
Public Health & Environment. (Department of Public Health and Environment)
G. The applicant shall submit a waste handling plan, for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health& Environment. The plan
shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
•
3) The waste handler and facility where the waste will be disposed(including the facility
name, address, and phone number). (Department of Public Health &Environment)
H. Building permits shall be obtained prior to the change of use of all structures and for all
existing storage sheds on property over 120 square feet that have not been permitted.
Building Permits shall meet the following requirements:
1) 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. The Occupancy Classification will be determined by Chapter 3 of the 2006
International Building Code.
2) All building plans shall be submitted to the Fort Lupton Fire Protection District for review
and approval prior to the issuance of building permits. (Department of Building Inspection)
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)
Resolution USR-1733
Susan Maestas
Page 4
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 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(uco.weld.co.us (Department of Planning Services)
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 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 April 6, 2010.
Dated the 6th of April, 2010.
./Scibidinkaindba,
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
IP Susan Maestas
USR-1733
1. The Site Specific Development Plan and Special Use Permit is for a kennel (up to 40 dogs) and an
animal grooming shop (dogs & cats) in the A (Agricultural) Zone District, and subject to the
Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. Hours of operation for the Grooming Shop shall be 9:00 AM — 3:00 PM Tuesday-Saturday
(occasionally Sundays and Mondays on Holidays). (Department of Planning Services)
4. The facility shall be operated by the owner(s)of the property along with one(1) part-time employee.
(Department of Planning Services)
5. The hours of operation for the boarding facility shall be 24 hours a day 7 days a week. Dogs shall be
kept indoors during night-time hours (7 PM to 7 AM). (Department of Planning Services)
6. Forty(40) 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)
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". (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 Commercial 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
patrons of the facility, at all times. (Department of Public Health and Environment)
Resolution USR-1733
Susan Maestas
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. (Aristocrat Water Project)
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, circulation, 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. Provide letter of approval from Fort Lupton Fire Protection District prior to construction of any
structure and for the change of use. (Department of Building Inspection)
26. 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)
27. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
28. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
29. 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.
30. 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.
• 31. 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, April 6, 2010
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 1:39 p.m.
ROLL CALL ABSENT
Tom Holton -Chair
Mark Lawley-Vice Chair
Nick Berryman
Erich Ehrlich
Robert Grand
Bill Hall
Roy Spitzer
Alexander Zauder
Jason Maxey
Also Present: Chris Gathman and Michelle Martin, Department of Planning Services; Don Carroll and Heidi
Hansen, Department of Public Works; Lauren Light, Department of Health; Bruce Barker, County Attorney,
and Kris Ranslem, Secretary.
Robert Grand moved to approve the March 16, 2010 Weld County Planning Commission minutes, seconded
by Erich Ehrlich. Motion carried.
• The Chair read the following case into record.
CASE NUMBER: USR-1733
APPLICANT: Susan Maestas
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Kennel (up to 40 dogs) and an Animal Grooming Shop (dogs and cats) in the A
(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot 4, Block 43,Aristocrat Ranchettes Subdivision 2n' Filing, located in Part
SW4 of Section 27,T2N, R66W of the 6th P.M.,Weld County, Colorado.
LOCATION: North of and adjacent to Lamb Avenue and east of CR 31.
Chris Gathman, Planning Services, commented that this USR is to correct a zoning violation under case
ZCV09-00283 for operating a kennel without the necessary Weld County Zoning permits. Should this
application be approved the violation will be dismissed. If denied the number of dogs shall be reduced and
shall not exceed four(4)dogs at any given time and all commercial activity shall be removed from the property
within 30 days or the violation case will proceed accordingly.
This use is located in an existing subdivision,Aristocrat Ranchettes. Single family residences on one(1)acre
lots are located to the north, south and east of the site. The application indicates outside customers coming to
the site will be by appointment only. Additionally,the Department of Planning Services is requiring dogs to be
kept indoors overnight. These and additional development standards and conditions of approval will ensure
that this use is compatible to adjacent uses in the area.
Ten referrals were sent out to outside agencies; six(6)referrals were received and indicated either no conflict
with their interests or included conditions that have been attached as conditions of approval or development
standards for this case.
• This site is located within the three mile referral area of Ft. Lupton; however it is located outside of the
Intergovernmental Agreement boundary(IGA)per the coordinated planning agreement between Weld County
and Ft. Lupton. There was no referral response received from the City of Ft. Lupton on this case.
EXHIBIT
One letter of support has been received for this case. No phone calls have been received nor have any letters
of opposition been received for this case.
The applicant has indicated that the grooming facility will accept customers on an appointment basis only.
The application mentions those hours between 9 am to 3 pm.
The Department of Planning Services recommends approval of this application with the attached development
standards and conditions of approval.
Mr. Gathman indicated that there a couple of revisions to the staff report requested by Environmental Health.
He added that they would like to request removal of Development Standard #17 because they are not
connected to a private water supply.
In addition, staff would like to revise Condition of Approval 1.C by amending the second paragraph to a new
Condition of Approval 1.D and amend the first sentence to read"Alternately to option C above, the applicant
shall install an individual sewage disposal system for visitor, patrons and kennel and grooming sanitation
needs and shall e installed according to the Weld County Individual Sewage Disposal Regulations."
Lauren Light, Environmental Health, commented that water is supplied by Aristocrat Ranchette Water Project
and indicated in their referral there is no concern with this business. There is an existing septic system for the
house sized for eight people. Ms. Light added that this system needs to be reviewed by an engineer to make
sure it is large enough for the business which includes the employees, grooming operation, kennel usage as
well as the patrons or to install a new septic system.
Dust abatement and waste handling plans are required. An updated license from the Department of
Agriculture is also required as those licenses are renewed every March. Noise is restricted to the commercial
• level.
Roy Spitzer moved to delete Development Standard 17 and amend Condition of Approval 1.C and re-letter
accordingly as stated by staff, seconded by Mark Lawley. Motion carried.
Heidi Hansen, Public Works, stated that the applicant is using the existing residential access from Lamb
Avenue. Lamb Avenue is classified as a local road and requires 60 feet of right-of-way which they currently
have. Public Works did not require a water quality feature for this case because the actual outdoor kennel
yards are for the applicant's personal animals; the grooming shop animals will not be in those kennels. The
site is not located in a FEMA floodplain.
Susan Maestas, 15169 Lamb Ave, commented that she has the renewed 2010 State licenses which are
required.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Benjamin Hansford, 15376 Caroline Ave, stated that he has known Sue Maestas for several years and added
that he is also a client of hers. Mr. Hansford commented that Ms. Maestas operates a very clean business
and she has never been a problem to anyone. She has been a wonderful neighbor.
The Chair asked the applicant if she has read through the amended Development Standards and Conditions
of Approval and if she is in agreement with those. The applicant replied that she is in agreement.
Mark Lawley moved that Case USR-1733 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, absent; Erich Ehrlich,yes; Robert Grand, yes; Bill Hall,yes;Alexander Zauder, yes; Jason Maxey,
yes; Roy Spitzer, yes; Mark Lawley, Tom Holton, yes. Motion carried unanimously.
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