The URL can be used to link to this page

Browse Search

Home My WebLink About20091201.tiffBEFORE 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-1689 APPLICANT: Timothy Gonzales PLANNER: Kim Ogle REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Kennel (24 dogs used to selectively breed and train registered sporting dogs) in the A (Agricultural) Zone District. LEGAL DESCRIPTION: Lot A RE -2029; Pt S2SW4 of Section 21, T2N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: North of and adjacent to CR 18; approximately 1/2 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 March 1998 and consists of approximately 2.19 acres. There are existing improvements: Mr. Gonzales' residence, and a separate kennel building, thereby making it impractical to utilize the site. 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 24 dogs used to selectively breed and train registered sporting 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-08- 00260) for the presence of too many household pets, is seeking approval at this location is 310 feet to the West of a single family residence [Gonzales] and 710 North of a single family residence [Maier]. The Aristocrat Ranchettes subdivision is located approximately 0.5 miles to the East of this facility. The kennel is 365 feet North of County road 18, sited behind the owner's residence. The Fulton Ditch borders the property to the west. Two letters of support were received with the application materials the first from Louis and Jolene Gonzales, neighbors to the east of the property and Manuel Luis, a neighbor 0.25 miles north and east of the property. Multiple kennels are located to the East near the intersection of County Roads 18 and 31. 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 City of Fort Lupton. The City in a referral dated February 4, 2009, indicated they had reviewed the request and find no conflicts with their interests. 2009-1201 Resolution USR-1689 Timothy Gonzales 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 080266-0868C, dated September 28, 1982. 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 "Other [50%] and Prime [50%]" 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-1689. (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 18 is designated on the Weld County Road Classification Plan as a collector status road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. An additional 10 feet shall be delineated on the plat as future County Road 18 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 type and size of the proposed trees shall be indicated on the plat. Trees should be a minimum of 2.5 inch caliper in size if deciduous and/or six feet in height if evergreen species. (Department of Planning Services) 4. If a sign is proposed, the location shall be shown on the plat a minimum of 20 -feet to the north of future right-of-way for County Road 18. The size of the sign is limited to 16 square feet. (Department of Planning Services) 5. The dimensions of parking spaces shall be indicated on the plat. Parking shall meet the design requirements for off-street parking outlined in Appendix 23-A of the Weld County Code. (Department of Planning Services) Resolution USR-1689 Timothy Gonzales Page 3 • • • 6. The applicant shall delineate the internal circulation pattern 7. The applicant shall delineate the location of the water quality control feature. C. The applicant shall address the requirements of the Weld County Department of Public Health and Environment as outlined in their referral received February 12, 2009. 1. The applicant shall provide written evidence to the Weld County Department of Public Health and Environment that the applicant has contacted the Colorado Department of Agriculture (CDA), Division of Animal Industry. This contact shall determine if a license under the Pet Animal Care Facilities Act (PACFA), as defined under C.R.S. 35-80-101 through 117. C.R.S. is required, or provide evidence that the applicant is not subject to the PACFA requirements. If a license is required a copy of the license shall be provided to the Weld County Department of Public Health and Environment. (Department of Public Health and Environment) 2. In the event the applicant intends to utilize the existing septic system at the existing home for visitor and 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. Evidence of Health Department approval shall be provided to the Department of Planning Services. (Department of Public Health and Environment) 3. Alternately to item #3 above, the applicant shall install an individual sewage disposal system for the proposed visitor 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. Evidence of Health Department approval shall be provided to the Department of Planning Services. (Department of Public Health and Environment) D. 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 maps©co.weld.co.us (Department of Planning Services) Motion seconded by Erich Ehrlich. Resolution USR-1689 Timothy Gonzales Page 4 VOTE: • • • For Passage Robert Grand Bill Hall Tom Holton Doug Ochsner Erich Ehrlich Roy Spitzer Paul Branham Mark Lawley Nick Berryman 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 May 5, 2009. Dated the 5th of May, 2009. Kristine Ranslem Secretary • • • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Timothy Gonzales USR-1689 1. The Site Specific Development Plan and a Special Review Permit for a kennel (to accommodate 24 dogs used to selectively breed and train registered sporting 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. Hours of operation are by appointment only and during normal business hours of 8AM to 6PM Monday through Sunday. (Department of Planning Services) 4. 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. (Department of Public Health and Environment) 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) Resolution USR-1689 Timothy Gonzales Page 6 • • 16. The facility shall utilize the existing private water supply, (Well Permit No. 67843-F) (Department of Public Health and Environment) 17. If applicable, the applicant shall obtain a stormwater discharge permit for development, redevelopment or construction where a contiguous or non-contiguous land disturbance is greater than or equal to one acre in area from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) 19. 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) 20. 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) 21. The applicant must take into consideration storm water capture/quantity and provide accordingly for best management practices. (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. The existing access to the parcel shall remain the primary point of ingress and egress. (Department of Public Works) 24. There will be no parking or staging of vehicles associated with this facility on the County Roads. (Department of Public Works) 25. 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) 26. 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) 27. The landscaping on site shall be maintained in accordance with the approved Landscape Plan. (Department of Planning Services) 28. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of exploration development, completion, recompletion, re-entry, production and maintenance operations associated with existing or future operations located on these lands. (Department of Planning Services) 29. The property owner acknowledges that mineral owners and lessees have real property interests that entitle them to surface use in accordance with Colorado State Statutes and applicable Colorado oil and Gas Conservation Commission regulations. (Department of Planning Services) 30. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 31. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. • 32. 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. Resolution USR-1689 Timothy Gonzales Page 7 • • 33. 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. 34. 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. The Chair read the next case into record. CASE NUMBER: USR-1691 APPLICANT: Marcos Sanchez PLANNER: Chris Gathman REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (recreational vehicle storage) in the A (Agricultural) Zone District. LEGAL DESCRIPTION: Part NW4SW4 of Section 23, T5N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to CR 35 and approximately '% mile south of State Hwy 34. Chris Gathman, Planning Services, stated that the applicant is requesting to continue this application to the June 2, 2009 meeting in order to address the 30 day mineral notification requirements per State Statute. He added that the applicant has already submitted the notifications for the June 2, 2009 hearing so he can make that 30 day timeline. Staff is in support of this request. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Paul Branham moved that Case USR-1691 be continued to the June 2, 2009 Planning Commission meeting, seconded by Mark Lawley. Motion carried unanimously. The Chair commented that there has been a change to the agenda in that USR-1684 is requesting a continuance. He read the case into record. • • CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION LOCATION: USR-1684 Zapien Brothers Concrete Kim Ogle A Site Specific Development Plan and a Use by Special Review Permit for a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone District (Parking and Storage for a Concrete Company) in the A (Agricultural) Zone District. Part NE4 Section 25, Ti N, R67W of the 6th P.M., Weld County, Colorado. East of and adjacent to Grace Av, North and South of Frederick Street; Townsite of Wattenburg. Kim Ogle, Planning Services, commented that the applicant has forgotten that he had a hearing today and is out of town. Therefore he has requested a continuance to the June 2, 2009 hearing. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Tom Holton moved that Case USR-1684 be continued to the June 2, 2009 Planning Commission meeting, seconded by Erich Ehrlich. Motion carried unanimously. The Chair read the following case into record. CASE NUMBER: USR-1689 APPLICANT: Timothy Gonzales PLANNER: Kim Ogle REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Kennel (24 dogs used to selectively breed and train registered sporting dogs) in the A (Agricultural) Zone District. LEGAL DESCRIPTION: Lot A RE -2029; Pt S2SW4 of Section 21, T2N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: North of and adjacent to CR 18; approximately 1/2 mile west of CR 31. Kim Ogle, Planning Services, requested that this item remain on the consent agenda. EXHIBIT I c us€_i The Chair asked the applicant if he wishes for this case to remain on consent. Mr. Gonzales 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. Robert Grand moved that Case USR-1689 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 next case into record. CASE NUMBER: USR-1693 APPLICANT: Katherine & Michael O'Keefe PLANNER: Jacqueline Hatch REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (gift shop, vending machines, and lottery sales) in the A (Agricultural) Zone District. LEGAL DESCRIPTION: Lot B of RE -529 being part of NE4 NE4 in Section 21, T12N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: West of State Highway 85 and approximately 3/4 miles north of CR 138. Jacqueline Hatch, Planning Services, stated that the site is located west of and adjacent to State Highway 85 and approximately % miles north of County Road 138 consisting of approximately 8.92 acres. • • There is an existing Use by Special Review Permit (AmUSR-1096 for a gift shop) located directly to the west. The sign announcing the Planning Commission hearing was posted on April 22, 2009 by staff. The site is proposed to be serviced by an individual septic system permitted under permit number SE -0900009 and was evaluated for adequate size and capacity by the Health Department on February 18, 2009. The site is proposed to utilize the existing well (Permit Number 280528). The well is permitted for an individual commercial business and two associated dwellings. The applicant is asking for a larger sign than what is allowed in the Agricultural Zone District. The applicant is requesting a 24 square foot sign on the property. The Agricultural Zone District allows for one freestanding sign not to exceed 16 square feet. The Department of Planning Services supports the request for a 24 square foot sign. The surrounding property is primarily dry land in nature with a few homes in close proximity. The Clowns Den/Borderline Cantina (USR-1096) is located directly to the west of the site. The Wyoming. -Colorado state line is located directly to the north. There are five parcels within 500' of the property. Two letters have been received in opposition to the proposal from neighboring property owners. Some of their concerns include an increase in traffic, noise, and a reduction in sales to the existing lottery sales office to the north of the property. The site is not located within three miles of any municipality. The property is located within three miles of Laramie County in Wyoming. Laramie County in their referral letter dated March 10, 2009 indicated no conflicts with the proposal. Thirteen referral agencies reviewed this case; seven referral agencies had no comments, four referral agencies included conditions that have been addressed through the development standards and conditions of approval. No comments were received from the Colorado Lottery and the Nunn Fire Protection District. Ms. Hatch commented that she has provided revised staff comments today. Originally the applicant was proposing a cistern for the water supply on site; however as of this morning there is a permit for a commercial well. Therefore staff comments have been revised to reflect a commercial well instead of a cistern on site. Commissioner Lawley asked if the USR located west of this site is currently active. Mr. Hatch replied yes. 3 Hello