HomeMy WebLinkAbout20070404.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Doug Ochsner, 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-1587
APPLICANT: Jody Meyer
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: 2JB-13, L13 2fla Filing JB Acres; Pt of Section 33, T6N, R66W of the 6th
P.M., Weld County, Colorado.
REQUEST: A Site Specific Development and Special Review Permit for a Kennel
(Cattery) in the A(Agricultural) Zone District.
LOCATION: East of and adjacent to N 67th Ave and North of C Street.
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 22-2-60 A.Goal 1 states "Conserve agricultural land for agricultural purposes which
foster the economic health and continuance of agriculture."
The property, of approximately 1.7 acres, is in a subdivision and has an existing home on
site. Although, the property is designate as Prime Irrigated Land according to the USDA
Soil Maps of Prime Farmlands of Weld County Map dated in 1979, due to the parcel's small
size and the residential character of the neighborhood, it is no longer viable for farming.
Section 22-2-60.D. A.Goal.4 states "Conversion of agricultural land to nonurban residential,
commercial, and industrial uses will be accommodated when the subject site is in an area
that can support such development. Such development shall attempt to be compatible with
the region. This goal is intended to address conversion of agricultural land to nonurban
uses. Once converted, this land is less conducive to agricultural production."
The property is served by North Weld County Water District and an Individual Sewage
Disposal System. The proposed use will have little impact on the surrounding properties as
the Conditions of Approval and Development Standards will mitigate most impacts
however, a minimal increase in traffic is expected.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural)Zone District.
The Weld County Code provides for a Kennel as a Use by Special Review in the
Agricultural Zone District. A Cattery falls under the definition of a Kennel as per Sec. 23-1-
90 of the Weld County Code (any place other than a pet shop or a veterinary clinic or
hospital, where five (5) or more household pets of one (1) species ... are kept or
maintained).
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The surrounding area is a subdivision with agricultural zoning. There are other single-famil
homes in the vicinity which are part of the JB Acres subdivision and also agricultural)
zoned. No objection letters have been received from the surrounding property owners
Conditions of Approval and Development Standards will not only ensure that impact on the
existing and future residences will be minimal but they will also ensure compatibility wit = ks1
the adjacent properties. X
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2007-0404 S�
Resolution USR-1587
Jody Meyer
Page 2
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 City of Greeley lies within the three-mile referral area and did not indicate opposition to
the proposal. The concerns expressed by the City in their referral dated November 11,
2006 have been addressed through Conditions of Approval and Development Standards.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County
Code. The site does not lie within 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 U.S.D.A. Soils Maps of Prime Farmlands of Weld County identifies the soils on this
property as Prime Irrigated Land. The property is 1.7 acres and has existing improvements
on site; consequently, it is not viable for farming as per Sec. 22-2-60 l.of the Weld County
Code.
G. Section 23-2-220.A.7 -- That there is adequate provision for the protection of the health,
safety and welfare of the inhabitants of the NEIGHBORHOOD and the COUNTY.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and Development
Standards ensure that there are adequate provisions for the protection of health, safety,
and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to scheduling a Board of County Commissioners hearing:
A. The applicant shall provide a Lighting Plan, if applicable. Should exterior lighting be a part
of this facility, all lighting shall be delineated on the plat and be in accordance with Section
23-3-250.6.6 of the Weld County Code. (Department of Planning Services)
B. The applicant shall provide a Sign Plan, if an on-site sign is desired. The sign shall adhere
to Section 23-4-90 of the Weld County Code and shall be delineated on the Plan Map.
(Department of Planning Services)
2. Prior to recording the plat:
A. The applicant shall address the requirements of the Department of Public Works as stated
in their referral dated November 14, 2006. Evidence of the Department of Public Works
approval shall be submitted to the Department of Planning Services. (Department of
Planning Services)
Resolution USR-1587
Jody Meyer
Page 3
B. The applicant shall submit a Private Improvements Agreement according to policy
regarding collateral for improvements and post adequate collateral for all transportation
(access drive, parking areas, etcetera) improvements. The applicant shall submit to the
Department of Planning Services an itemized bid for review. The agreement and form of
collateral shall be reviewed by County Staff and accepted by the Board of County
Commissioners prior to recording the Use by Special Review plat. Or the applicant may
submit evidence that all the work has been completed and approved by the Department of
Planning Services and the Department of Public Works. (Department of Planning Services)
C. The applicant shall attempt to address the requirements (concerns) of the City of Greeley,
as stated in the referral response dated November 2, 2006. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
D. The applicant shall address the requirements (concerns) of the Weld County Building
Inspection as stated in the referral response dated November 13, 2006. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Building Inspection)
E. The septic system serving the residence 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 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 approval by the Weld County Department of Public
Health and Environment shall be submitted to the Department of Planning Services.
(Department of Public Health & Environment)
F. 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, alternatively the applicant may provide evidence that they
are not subject to the PACFA requirements. Evidence of approval by the Weld County
Department of Public Health and Environment shall be submitted to the Department of
Planning Services. (Department of Public Health & 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)
Evidence of approval by the Weld County Department of Public Health and
Environment shall be submitted to the Department of Planning Services.
(Department of Planning Services)
Resolution USR-1587
Jody Meyer
Page 4
H. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR-1587 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The approved Signage Plan. (Department of Planning Services)
4. The approved Lighting Plan. (Department of Planning Services)
5. The application materials do not identify the location of the trash collection area on
the plat. The plat shall delineate the screened enclosure as outlined in Section 23-
3-250.A.6 of the Weld County Code. (Department of Planning Services)
6. Spaces reserved for the parking of vehicles shall be delineated on the plat. This
facility shall adhere to the number of on-site parking spaces indicated in Appendix
23-B of the Weld County Code. The total number of on-site parking for this facility
shall be four (4) spaces. In accordance with Section 23-4-30.C all parking and
street access drives shall be surfaced with gravel, asphalt, concrete or equivalent.
Each parking space shall be equipped with wheel guards or curb stops when
necessary to prevent vehicles from extending beyond the boundaries of the space
and from coming into contact with other vehicles, walls, fences, or plantings. The
location of all curb stops in the parking areas per Section 23-4-30.D of the Weld
County Code shall be delineated on the plat. (Department of Public Works)
I. 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)
3. Upon completion of 1. and 2. 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 thirty (30) days from the date
of the Board of County Commissioners resolution. The applicant shall be responsible for paying the
recording fee. (Department of Planning Services)
4. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the plat
not be recorded within the required thirty (30) days from the date the Board of County
Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3
month period. (Department of Planning Services)
5. 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 mapsco.weld.co.us. (Department of Planning Services)
6. 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
Jody Meyer
USR-1587
1. The Site Specific Development Plan and Special Use Permit is for a Kennel (Cattery for 30 adult
cats) in the A (Agricultural) Zone District, as indicated in the application materials on file 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. As stated in the application materials, hours of operation shall be limited to 9:00am to 12:00pm and
4:00pm to 6:00pm Monday through Friday, 9:00am to 12:00pm on Saturdays, and 5:00pm to
6:00pm by appointment on Sundays.
4. As stated in the application materials, employees will be limited 1 full time employee who resides in
the home on site and one part time employee.
5. As stated in the application materials, the number of cats on site will be limited to 30. Cats over the
age of six (6) months are counted in the maximum number of adult cats in accordance with Section
23-1-90 of the Weld County Code.
6. As stated in the application materials, all cats will be kept indoors at all times.
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.
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.
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.
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.
11. The applicant shall operate in accordance with the approved "waste handling plan".
12. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
13. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone
as delineated in 25 12 103 C.R.S., as amended.
14. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the
facility. Employees and patrons to the site shall be allowed to use the restroom facilities in the
residence.
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.
"--• 16. The facility shall utilize the existing public water supply. (North Weld County Water District)
17. The applicant shall comply with the requirements of the Colorado Department of Agriculture (CDA),
Division of Animal Industry.
Resolution USR-1587
Jody Meyer •
Page 2
18. The off-street parking spaces including the access drive shall be surfaces with gravel, asphalt,
concrete or equivalent, and shall be graded to prevent drainage problems. (Department of Public
Works)
19. 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)
20. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code.
21. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere
to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department
of Planning Services)
22. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
23. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250,Weld County Code.
24. 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.
— 25. 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.
26. 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 Tom Holton
Resolution USR-1587
Jody Meyers
Page 3
VOTE:
For Passage Against Passage Absent
Bruce Fitzgerald
Chad Auer
Tom Holton
Doug Ochsner
James Welch
Erich Ehrlich
Roy Spitzer
Paul Branham
Mark Lawley
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, Voneen Macklin, 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 January 2, 2007.
Dated the 2nd of January, 2007.
Voneen Macklin
Secretary
c:2 - . cam} 1
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot B of RE-3515; located in a portion of the W2SW4 and all of the
E2SW4 and of Section 19, T7N, R63W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for an
agricultural service establishment primarily engaged in performing
agricultural, animal husbandry or horticultural services on a fee or
contract basis including a livestock confinement operation (a calf raising
operation for up to 5,000 head) in the A (Agricultural)Zone District
LOCATION: North of and adjacent to C R78; east of and adjacent to the intersection
of CR 61 and CR 78.
Chris Gathman, Department of Planning Services, read a letter requesting a continuance to February 6,
2007. The applicant will be providing additional information for the Department of Public Health and
Environment and Department of Planning Services.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuance
of this application. No one wished to speak.
Tom Holton moved to continue USR-1590 to February 6, 2007. Bruce Fitzgerald seconded. Motion
carried.
CASE NUMBER: AmUSR-1133
APPLICANT: Michael Faulkner, Faulkner Dairy
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: SW4 Section 29, T7N, R64W of the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for an
Agriculture Service Establishment primarily engaged in performing
agriculture, animal husbandry, or horticultural services on a fee or
contract basis, including Livestock Confinement Operation (a Dairy
operation with a total of 5,400 head)as well as the existing permitted
accessory to the farm mobile home (6 total) in the A(Agricultural)Zone
District
LOCATION: East of and adjacent to CR 51; north of and adjacent to CR 76.
Hannah Hippely, Department of Planning Services read a letter requesting an indefinite continuance due
to the application being inaccurate.
Bruce Fitzgerald moved to continue AmUSR-1133 indefinitely. Roy Spitzer seconded. Motion carried.
A member of the audience asked for clarification on what the continuance means. Ms Hippely indicated
the referrals will need to be re-mailed and surrounding property owners will be re-notified.
The following items will be on the Consent agenda:
— CASE NUMBER: USR-1587
APPLICANT: Jody Meyer
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: 2JB-13, L13 2" Filing JB Acres; Pt of Section 33, T6N, R66W of the 6th
P.M., Weld County, Colorado.
REQUEST: A Site Specific Development and Special Review Permit for a Kennel
(Cattery) in the A(Agricultural)Zone District.
LOCATION: East of and adjacent to N 67`h Ave and North of C Street.
Bruce Fitzgerald asked what kind of cat this will be. Ms. Hippely stated will be domestic felines. This is C.
the definition under household pets. 1.
The Chair asked if there was anyone in the audience who wished to speak for or against this application \ /
2
staying on Consent Agenda. No one wished to speak.
CASE NUMBER: USR-1580
APPLICANT: Justin &Andrea Davis
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part SW4 of Section 32, T12N, R60W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a home
business (manufacturing steel frames for steel washers) in the A
(Agricultural)Zone District.
LOCATION: East of and adjacent to CR 99 and approx. 3/4 mile south of CR 136.
The Chair asked if there was anyone in the audience who wished to speak for or against this application
staying on Consent Agenda. No one wished to speak.
Doug Ochsner moved to approve the Consent Agenda. Tom Holton seconded. Motion carried.
Meeting adjourned at 1:45p.m.
Respectfully submitted
vJC\ c , \ \ '' c 1� t
Voneen Macklin
Secretary
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