HomeMy WebLinkAbout20080934.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Robert Grand,that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1644
APPLICANT: Jack&Vicki Pierson
PLANNER: Roger Caruso
LEGAL DESCRIPTION: Lot C of RE-3345; Part of the NE4 of Section 34,T4N,R66W of the 6th P.M.,Weld
County, Colorado.
REQUEST: A Site Specific Development Plan and Special Use Permit for a KENNEL (to
accommodate 120 dogs)and one(1)single-family dwelling unit per lot other than
those permitted under Section 23-2-30.A in the A(Agricultural)Zone District.
LOCATION: South of and adjacent to CR 40 and 1/4 mile west of CR 33.
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 Weld County 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 22-2-60 A.Goal 1 states, "Conserve agricultural land for agricultural purposes
which foster the economic health and continuance of agriculture." The area consists of
approximately 5 acres (once the administratively approved Recorded Exemption is
recorded)and already has existing buildings and improvements making it impractical to
farm 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 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. The proposed kennel facility will be approximately 1/8 of
a mile from the nearest residences to the northeast, east and west; the surrounding
property is zoned agriculture. The site is well screened by mature trees from County Road
40. 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 Town of
Gilcrest. The Town of Gilcrest did not respond to the referral request.
E. Section 23-2-220.A.5--The site is not located within the floodplain as defined by FIRM
map.
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)
2008-0934
Resolution USR-1644
Jack&Vicki Pierson
Page 2
• 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 "irrigated, non-prime" 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 site is currently in violation (ZCV07-01156) if this Use by Special Review application is approved the
property will be in compliance once the Use by Special Review plat is recorded. If denied, all commercial
use must be removed from the property otherwise, the violation case will proceed accordingly
The Weld County Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. All plat sheets shall be labeled USR-1644. (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 applicant shall indicate specifically on the plat the type of right-of-
way/easement that exists on the property. (Department of Public Works)
3) The type and size of the trees located on-site 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) 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)
5) Identify all access points on the plat with Residential or Agricultural.
C. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health &
Environment. Evidence of Health Department approval shall be provided to the
Department of Planning Services. (Department of Public Health and Environment)
D. 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. (Department of Public Health and Environment)
Resolution USR-1644
Jack&Vicki Pierson
Page 3
• E. 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).
Evidence of Health Department approval shall be provided to the Department of Planning
Services. (Department of Public Health and Environment)
F. In the event the applicant intends to utilize the existing septic system at one of the homes
for employee, visitor and kennel sanitation needs, the applicant shall specify which
residence shall be made available for use. Additionally, that 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 employees 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.
G. Alternately to item F above, the applicant shall install an individual sewage disposal
•
system for the proposed employee, 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.
H. The applicant shall attempt to address the requirements of the Platteville/Gilcrest
Protection District as stated in their referral response received October 30, 2007. Written
evidence of such shall be provided to the Department of Planning Services. (Mountain
View Fire Protection District)
The applicant shall address the requirements of the Weld County Department of Public
Health and Environment as stated in their referral response dated January 9, 2009.
Written evidence of such shall be provided to the Department of Planning Services.
(Department of Public Health and Environment)
J. The applicant shall address the requirements of the Weld County Department of Public
Works as stated in their referral response dated January 2, 2008. Written evidence of
such shall be provided to the Department of Planning Services. (Department of Public
Works)
K. The applicant shall address the requirements of the Weld County Department of Building
Inspection as stated in their referral response dated January 11, 2008. Written evidence
of such shall be provided to the Department of Planning Services. (Department of
Building Inspection)
L. The applicant shall address the requirements of the Weld County Department of Planning
• Services, Landscape Referral, as stated in the referral response dated November 27,
2007. (Department of Building Inspection)
Resolution USR-1644
Jack&Vicki Pierson
Page 4
• M. 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 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 ArcInfo 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(a�co.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)
•
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• Jack and Vicki Pierson
USR-1644
1. The Site Specific Development Plan and Special Use Permit is for a kennel (to accommodate 120
dogs)in the A(Agricultural)Zone District,and subject to the Development Standards stated hereon.
(Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The facility shall be limited to three (3)full-time employees not including the family residing on the
property. (Department of Planning Services)
4. Visitors to the kennel shall only be allowed from 9 A.M. until 7 P.M.all days of the week. (Department
of Planning Services)
5. Dogs that are part of the kennel shall not exceed thirty-five (35) lbs. (Department of Planning
Services)
6. Upon sale of the property the kennel shall cease to exist. (Department of Planning Services)
7. Upon the sale of the property and/or the kennel ceases to exist the mobile home shall be removed
from the site. (Department of Planning Services)
8. The applicant shall maintain current record of all dogs part of the kennel that are debarked. At a
minimum seventy-five (75) per cent of all dogs part of the kennel must be debarked at all times.
(Department of Planning Services)
• 9. The mobile home located on-site shall not be used as a rental.
10. 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)
11. 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)
12. 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)
13. 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)
14. The applicant shall operate in accordance with the approved "waste handling plan". (Department of
Public Health and Environment)
15. The applicant shall comply with the Colorado Department of Agriculture(CDA), Division of Animal
• Industry, if applicable. (Department of Public Health and Environment)
Resolution USR-1644
Jack&Vicki Pierson
Page 6
• 16. 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)
17. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial
Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and
Environment)
18. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the
facility. (Department of Public Health and Environment)
19. 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)
20. The facility shall utilize the existing public water supply. (Left Hand Water District) (Department of
Public Health and Environment)
21. 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)
22. If complaints arise, dust abatement shall be applied to 150' in front of the residences.
23. The applicant must take into consideration storm water capture/quantity and provide accordingly
for best management practices. (Department of Public Works)
24. 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)
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) (Department of
Planning Services)
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)(Department of Planning Services)
27. The landscaping on site shall be maintained in accordance with the approved Landscape and
Screening 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. (Department of Planning Services)
31. The property owner or operator shall be responsible for complying with the Operation Standards of
•
Section 23-2-250, Weld County Code. (Department of Planning Services)
Resolution USR-1644
Jack&Vicki Pierson
•
Page 7
32. 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.
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.
Motion seconded by Bill Hall.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
• Tom Holton
Doug Ochsner
Erich Ehrlich
Roy Spitzer
Paul Branham
Mark Lawley
Nick Berryman
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 March 4, 2008.
Dated the 4th of March, 2008.
hk(heilDkJ ti
Kristine Ranslem
Secretary
•
Y-,.rt P
spaces. Mr. McCormick stated that seventy-one (71) spaces for thirty-one (31) employees is somewhat
• excessive. He proposed to change that to allow for 10 additional visitors which are not anticipate nor planned
for bringing the total to forty-one(41) parking spaces which he believes to be adequate for this facility.
Ms. Hippely said that the parking is determined based on the use and square footage of the building. She
added that we could lower the number of spaces if we could add a development standard limiting the number
of employees on-site to thirty-one (31). Ms. Hippely stated that we could base it on how many people are
going to use the site or we can base it on the square footage and use of the building.
Commissioner Ochsner asked Mr. McCormick if they think they will ever have more than thirty-on (31)
employees. Mr. McCormick replied that it is difficult to say and added that they allowed for a 15% growth
above what the tenants said they would have. Mr. McCormick stated that he would like to see the parking
determined on the use.
Commissioner Spitzer asked Mr. McCormick if he would agree to a limited number of employees on-site. Mr.
McCormick replied that they would agree and would ask for forty-one(41) parking spaces.
Ms. Hippely recommended to amend O.6 to read forty-one (41)spaces and strike the sentence that reads
"The facility shall adhere to the number of on-site parking spaces indicated in Appendix 23-B of the Weld
County Code", because we are not complying with that.
Ms. Hippely stated that we can add development standard #5 and renumber accordingly that reads "The
number of employees on-site shall be limited to thirty-one (31).
Tom Holton moved to accept staffs recommendation to add Development Standard #5 and amending
Condition of Approval O.6, seconded by Mark Lawley. Motion carried.
The Chair asked the applicant if they read through the amended Development Standards and Conditions of
• Approval and if they are agreement with those. The applicant replied that they are in agreement.
Roy Spitzer moved that Case USR-1642, 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 as the following Sections: 23-2-220.A.1,23-2-220.A.7,23-2-220.A.7 have been
met, Robert Grand seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Paul Branham, abstain; Erich Ehrlich,yes; Robert Grand,yes;Bill Hall,yes;Mark Lawley,yes;
Roy Spitzer, yes; Tom Holton, yes with comment; Doug Ochsner, yes. Motion carried unanimously.
Commissioner Holton sited Section 23-2-240 and Section 23-2-250.C.
Doug Ochsner needed to excuse himself from the meeting at 3:48 p.m. due to a prior commitment. Vice
Chair Tom Holton took over the meeting.
CASE NUMBER: USR-1644
APPLICANT: Jack&Vicki Pierson
PLANNER: Roger Caruso
LEGAL DESCRIPTION: Lot C of RE-3345; Part of the NE4 of Section 34,T4N,R66W of the 6th P.M.,Weld
County,Colorado.
REQUEST: A Site Specific Development Plan and Special Use Permit for a KENNEL (to
accommodate 120 dogs)and one(1)single-family dwelling unit per lot other than
those permitted under Section 23-2-30.A in the A(Agricultural)Zone District.
LOCATION: South of and adjacent to CR 40 and 1/4 mile west of CR 33.
Roger Caruso, Department of Planning Services, stated that they would like the request to be changed to
a Site Specific Development Plan and a Special Review Permit for a kennel (to accommodate 120 dogs)
• and one(1) single-family dwelling unit per lot other than those permitted under Section 23-2-30.A in the A
(Agricultural)zoned district.
fr- n •� '� xa .
The sign announcing the Planning Commission hearing was posted January 7, 2008 by Planning Staff.
• The site is located south of and adjacent to County Road 40 and approximately% mile west of County
Road 33.
The surrounding property to the north, south, east and west are agriculturally used with single-family
residences. There are seventeen (17) property owners within 500 feet of the property in questions and the
closest home is roughly 300 feet to the northeast. The Department of Planning Services has received a
single letter from a surrounding property owner with concerns over noise.
The property is currently in violation due to the necessary Use by Special Review permit not being
supplied. The violation has not yet been presented to the Board of County Commissioners through a
Violation hearing; approval of this Use by Special Review will remediate the violation.
The subject property lies within the three mile referral area of the Town of Gilcrest; the Town of Gilcrest
responded that the application did not cause any conflicts with their interests.
Fourteen referral agencies reviewed this case, twelve responded favorably or included conditions that
have been addressed through development standards and conditions of approval.
The Department of Planning Services would like to add a development standard#9 and renumber
according to state that the mobile home located on-site shall not be used as a rental.
The Department of Planning Services is recommending approval of this application along with the conditions
of approval and development standards.
Lauren Light, Department of Public Health, commented that there was no information on what facilities the
employees or visitors would use,therefore they have included a condition that states that if they use the house
• then her department will need an engineered study on that septic system. She added that if they put in a
septic system for the dog kennel then that will need to have an engineered system also.
Ms. Light also said that there was no information in the waste handling plan. She indicated that they didn't
explain if when they clean out the kennel if it is going to be dry cleaning without using any water or washing the
kennels out.
As far as the noise it doesn't look like that will be an issue. She stated that they will need to apply for the pet
animal care license through the state.
Dave Snyder, Department of Public Works, said that the roads are all gravel and they have very minimal
impact on the roads as people are coming to the site by appointment only. He add that there should not be
any dust abatement issues, however if the board desires we can add a standard to read"If complaints arise
dust abatement shall be applied to 150 feet in front of the residences."
Commissioner Lawley expressed his opinion of adding the standard with regard to dust abatement.
Vicki Pierson, 15544 CR 40, stated that they are applying for a kennel and added that they are currently
licensed by the State and have been for the last 7 years.
Mrs. Pierson stated that on Development Standard#5 it says that dogs shall be kept indoors from 7 PM to 7
AM. She said that she would like to remove that standard as the dogs have free access to their
indoor/outdoor runs now and felt that is pretty cruel to keep them locked up for 12 hours. She added that the
noise would not be an issue with the dogs being debarked.
Robert Grand moved to remove Development Standard #5 and renumber accordingly, seconded by Roy
Spitzer. Motion carried.
• Paul Branham moved to add Development Standard#9 and renumber accordingly to state"The mobile home
located on-site shall not be used as a rental.", seconded by Mark Lawley. Motion carried.
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• Mark Lawley moved to add Development Standard#22 and renumber accordingly to state"If complaints arise
dust abatement shall be applied to 150 feet in front of the residences.",seconded by Bill Hall. Motion carried.
Paul Branham moved to add a Condition 1.B.5 prior to recording the plat to read"Identify all access points on
the plat to delineate with Residential or Agricultural." seconded by Mark Lawley.
Commissioner Berryman asked the applicant as a matter of curiosity of what the concept is of debarking a
dog. Mrs. Pierson said that the veterinarian takes a very small, little "V" out of their vocal chord and it just
lowers the volume of their noise that they make. She added that they still bark, but it cuts approximately 80-
90% of the noise and it doesn't hurt them in anyway.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Grant Greiman, 15301 CR 40, suggested that USR-1644 not be transferrable if they sell the property as that is
one of his main concerns. He commented that if the property was sold the neighbors would not know what
they are getting in return. He added that most of the neighbors agree with how they treat their dogs and don't
have a lot of complaints due to noise.
Mr. Caruso stated that Mr. Grieman's request is included in Development Standard#7 as it states that upon
sale of the property the kennel shall cease to exist.
The Chair asked the applicant if they read through the amended Development Standards and Conditions of
Approval and if they are agreement with those. The applicant replied that they are in agreement.
Robert Grand moved that Case USR-1644, 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, Bill Hall seconded the motion.
• The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes;Paul Branham,yes; Erich Ehrlich,yes;Robert Grand,yes;Bill Hall,yes;Mark Lawley,yes;Roy
Spitzer, yes; Tom Holton, yes; Doug Ochsner, absent. Motion carried unanimously.
Meeting adjourned at 4:05 p.m.
Respectfully submitted,
4/4
KangiTh
rLtI
Kristine Ranslem
Secretary
•
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