HomeMy WebLinkAbout20092742.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Roy Spitzer, 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-1710
APPLICANT: Tanner & Sarah Hill
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Kennel (up to 39 dogs of a non-specific breed to include doggie daycare and
boarding) in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Lot A RE -1593 located in Part of the SW4 of Section 5, Ti N, R68W of the 6th
P.M., Weld County, Colorado.
LOCATION: Approximately 3/4 miles south of State Hwy 52 and east of and adjacent to CR
3.
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 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 May 1994 and consists of approximately 5.21 acres. There are existing
improvements, including the Hill residence, a 1909 accessory building, several outbuildings
including a barn, thereby making it impractical to utilize the site for production agriculture.
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 a kennel (up to 39
dogs of a non-specific breed to include doggie daycare and boarding), 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 does not have an active zoning is located
on a small parcel surrounded in all directions by large parcels utilized as large tract residential
properties with agrarian uses. The kennel is located in a structure adjacent to the east
property line well off of the road. The outdoor exercise areas are located south of the kennel
building and east of and adjacent to County Road 3. The New Consolidated Lower Boulder
Reservoir and Ditch Company border the property to the north. Staff contends 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 Towns of Erie and
Frederick, the City of Dacono and Boulder County. The Town of Erie in a referral dated July
30, 2009, indicated they had reviewed the request and find no conflicts with their interests. No
other responses were received.
2009-2742
Resolution USR-1710
Tanner & Sarah Hill
Page 2
E. Section 23-2-220.A.5 -- The site is not located within the floodplain as defined by the FIRM
Community Panel Map 080266-0960D, dated September 28, 1990.
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 in land
designated as Prime if Irrigated according to the according to the U.S.D.A. Soil Conservation
Map, dated 1979. There is no irrigation water associated with this parcel.
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.
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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-1710. (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 3 is designated on the Weld County Road Classification Plan as a
major arterial status road, which requires 140 feet of right-of-way at full build out.
There is presently 60 feet of right-of-way. An additional 40 feet shall be delineated on
the plat as future County Road 3 right-of-way. All setbacks shall be measured from
the edge of future 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)
3. The minimum turning radius shall be thirty (30) feet from County Road 3 for the
residential/agricultural access to the facility. (Department of Public Works)
4. If a sign is proposed, the location shall be shown on the plat a minimum of 60 -feet to
the east of future right-of-way for County Road 3. The size of the sign is limited to 16
square feet. (Department of Planning Services)
5. A water quality capture feature to control run-off from your property is required.
Calculations provided for the water quality capture feature are acceptable. The area
for the water quality feature shall be called out as "Reserved Drainage Area, No
Build" on the USR site plan. (Department of Public Works)
Resolution USR-1710
Tanner & Sarah Hill
Page 3
6. Internal access drives, off-street parking spaces and delivery areas shall be surfaced
with gravel, recycled asphalt, or the equivalent and shall be graded to prevent
drainage problems. This shall be specifically delineated and labeled. (Department
of Public Works)
C. The applicant shall address the requirements of the Weld County Department of Public
Works as outlined in their referral dated August 24, 2009. Written evidence of approval with
all conditions met or mitigated shall be submitted in writing to the Department of Planning
Services. (Department of Planning Services)
D. The applicant shall address the requirements of the Weld county Department of Public
Health and Environment as outlined in their referral dated August 26, 2009. Written evidence
of approval with all conditions met or mitigated shall be submitted in writing to the Department
of Planning Services.
1. The applicant shall submit a dust abatement plan (on site dust) for review and
approval, to the Environmental Health Services, Weld County Department of
Public Health & Environment (WCPHE). (Department of Public Health &
Environment)
2. A copy of the current Pet Animal Care Facilities Act license shall be provided to
WCDPHE. (Department of Public Health & Environment)
3. 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:
A) A list of wastes which are expected to be generated on site (this should
include expected volumes and types of waste generated).
B) A list of the type and volume of chemicals expected to be stored on site.
C) The waste handler and facility where the waste will be disposed (including
the facility name, address, and phone number). (Department of Public Health
& Environment)
4. In the event the applicant intends to utilize the existing septic system at the
existing home for visitor, patron and/or kennel 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 from the resident's
occupants and visitors. 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.
(Department of Public Health & Environment)
5. Alternately to item #4 above, the applicant shall install an individual sewage
disposal system for visitor, patrons 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 & Environment)
6. All septic systems located on the property shall have appropriate permits from the
Weld County Department of Public Health & Environment. The Environmental
Health Division of the Weld County Department of Public Health & Environment
Resolution USR-1710
Tanner & Sarah Hill
Page 4
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was unable to locate a septic permit for the house constructed in 1909. Any
existing septic system which is not currently permitted through the Weld County
Department of Public Health & Environment will require an I.S.D.S. Evaluation
prior to the issuance of the required septic permit. In the event the system is
found to be inadequate, the system must be brought into compliance with current
I.S.D.S. regulations. Alternately, the owner shall provide documentation
indicating the home will be used for storage only. (Department of Public Health &
Environment)
E. The applicant shall address the concerns of the Boulder Valley — Longmont Soil Conservation
District as outlined in their referral dated August 10, 2009 specific to a noxious weed control
plan developed with the Weld County Weed Department. Further the applicant shall submit a
plan to specifically address the blowing soil conditions associated with this parcel. Written
evidence of approval with all conditions met or mitigated shall be submitted in writing to the
Department of Planning Services. (Boulder Valley — Longmont Soil Conservation District)
F. The applicant shall address the concerns of the Mountain View Fire Protection District as
outlined in their referral dated August 20, 2009. Written evidence of approval with all
conditions met or mitigated shall be submitted in writing to the Department of Planning
Services. (Mountain View Fire Protection District)
G. The applicant shall attempt to address the concerns of the Colorado Division of Wildlife as
stated in their referral dated August 17, 2009. Written evidence of approval with all
conditions met or mitigated shall be submitted in writing to the Department of Planning
Services. (Colorado Division of Wildlife)
H. The applicant shall address the concerns of the New Consolidated Lower Boulder
Reservoir and Ditch Company as outlined in their referral dated July 30, 2009. Written
evidence of approval with all conditions met or mitigated shall be submitted in writing to
the Department of Planning Services. (New Consolidated Lower Boulder Reservoir and
Ditch Company)
The applicant shall submit documentation indicating that the second residence located on
the property is an accessory structure and not used at anytime for overnight habitation.
Further the applicant shall contact the Assessor's office requesting that the structure be
assessed as an accessory structure. (Department of Planning Service)
J. The applicant shall submit two (2) 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 dhuerterco.weld.co.us (Department of Planning Services)
Resolution USR-1710
Tanner & Sarah Hill
Page 5
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Motion seconded by Erich Ehrlich.
VOTE:
For Passage
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
Mark Lawley
Nick Berryman
Jason Maxey
Against Passage Absent
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 October 6, 2009.
Dated the 6th of October, 2009.
h
Kristine Ranslem
Secretary
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Tanner and Sarah Hill
USR-1710
1. The Site Specific Development Plan and a Special Review Permit for a kennel (up to 39 dogs of a
non-specific breed to include doggie daycare and boarding), 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 doggie daycare are during normal business hours of 7AM-6PM Monday
through Friday, and 9AM-4PM on weekends and holidays. (Department of Planning Services)
4. Hours of operation for Boarding component is 24 hours/ 5 days/ week, Monday through Friday,
excluding holidays. (Department of Planning Services)
The facility shall be limited to no employees. (Department of Planning Services)
5. Dogs shall be kept indoors during night-time hours (7 PM to 7 AM). (Department of Planning
Services)
6. 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)
7. 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)
8. 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)
9. 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)
10. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
11. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division of Animal
Industry, if applicable. (Department of Public Health and Environment)
12. 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)
13. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 14-9-30 of the Weld County Code. (Department of Public Health and Environment)
14. Adequate handwashing and toilet facilities shall be provided for visitors of the facility, at all times.
(Department of Public Health and Environment)
Resolution USR-1710
Tanner & Sarah Hill
Page 7
15. 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)
16. The facility shall utilize the existing public water supply, (Left Hand Water District) (Department of
Public Health and Environment)
17. 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)
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. 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)
21. The existing access to the parcel shall remain the primary point of ingress and egress. (Department
of Public Works)
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22. There will be no parking or staging of vehicles associated with this facility on the County Roads.
(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. The landscaping on site shall be maintained in accordance with the approved Landscape Plan.
(Department of Planning Services)
26. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
27. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
28. 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.
29. 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.
• 30. 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.
LOCATION: North of and adjacent to CR 96 and approximately 1 1/2 miles west of CR 127.5.
Kim Ogle, Planning Services, stated that the applicant requested 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.
CASE NUMBER: USR-1712
APPLICANT: Petro -Canada Resources (USA) Inc.
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Mineral Resource Development Facility including Oil and Gas Support and
Services (equipment storage) in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: NW4NE4/E2NE4/SE4 of Section 5, T8N, R58W of the 6th P.M., Weld County,
Colorado.
LOCATION: North of and adjacent to CR 96 and approximately 1 3/4 miles west of CR 127.5.
Kim Ogle, Planning Services, stated that the applicant requested 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.
CASE NUMBER: USR-1711
APPLICANT: Tri-State Generation & Transmission Association, Inc
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Major
Facility of a Public Utility (a double -circuit 230-KV Transmission Line extending
.55 miles) in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: NE4 and NE4SE4 of Section 27, Ti N, R66W of the 6th P.M., Weld County,
Colorado.
LOCATION: Approximately 1/4 mile North of CR 4 and approximately 1 mile (5,000 feet) East
of CR 31.
Chris Gathman, Planning Services, stated that staff would like for this case to remain on the consent
agenda.
The Chair asked if the applicant is available and if they wish for this item to remain on the consent
agenda. The applicant replied yes.
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-1710
APPLICANT: Tanner & Sarah Hill
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Kennel (up to 39 dogs of a non-specific breed to include doggie daycare and
boarding) in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Lot A RE -1593 located in Part of the SW4 of Section 5, Ti N, R68W of the 6th
P.M., Weld County, Colorado.
LOCATION: Approximately 3/4 miles south of State Hwy 52 and east of and adjacent to CR
3.
Kim Ogle, Planning Services, stated that the applicant, Tanner Hill, wishes 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.
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Roy Spitzer moved that Cases USR-1707, AmUSR-861, USR-1712, USR-1711, and USR-1710, 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 Erich Ehrlich. Motion carried
unanimously.
The Chair read the following case into record.
CASE NUMBER: USR-1709
APPLICANT: Suncor Energy Inc
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for an
Oil and Gas Support Facility (Crude Oil Truck Unloading Facility) in the A
(Agricultural) Zone District.
LEGAL DESCRIPTION: Lot A of AmRE-2918 being Part of the NW4 of Section 20, T2N, R66W of
the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to CR 20 and East of State Hwy 85.
Lauren Light, Environmental Health, stated that previously to working with Weld County she worked at Tetra
Tech and had worked on the Suncor project. She said that she has no ties to that project now. The Chair
asked the applicant if they have any concerns with Ms. Light reviewing this case. The applicant indicated that
they had no concerns.
Chris Gathman, Planning Services, stated that the injection well facility will encompass approximately 6 acres
of the 37.3 acre property it is located on and will be located at the eastern end of the site adjacent to existing
oil and gas tank batteries.
The site is located to the east of three existing commercial/industrial/oil and gas use by special review permits.
SUP -359 (pump station facility) is located approximately 1,000 feet to the west of the site, USR-1459 (vehicle
sales and detailing) and USR-1227 (manufacturing facility) along with the Union Pacific Railroad are located
approximately 1,500 to 1,800 feet to the west of the site. An existing single-family residence is located
approximately 900 -feet to the west of the proposed site (across County Road 20). The proposed main access
to the facility will be located approximately 850 feet from the access to this single-family residence. Agricultural
land is located immediately to the north, south and east of the site. No phone calls or letters have been
received from surrounding property owners. However, there was a property owner who came in earlier today
with questions of hauling and asked if there would be any trucks that would be coming from the east on
County Road 20 versus coming from the west from Highway 85.
Fourteen Referrals were sent out and six referrals and comments were received in regards to this case.
Referral responses were not received from:
State of Colorado, Oil & Gas Conservation Commission
Weld County Code Compliance
Weld County Sheriffs Office
State of Colorado, Division of Wildlife
Weld County Ambulance Services
Platte Valley Fire Protection District
Union Pacific Railroad
Platteville Ditch
There are several Conditions of Approval and Development Standards attached to the staff report attempting
to address and mitigate concerns:
• A screening plan will need to be submitted and approved by the Department of Planning Services
prior to recording the plat.
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