HomeMy WebLinkAbout20070776.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Fitzgerald, 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-1596
APPLICANT: Scott& Kristie Fisher
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: E2NE4 of Section 23, T6N, R67W of the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a Kennel
(16 dog maximum) in the A (Agricultural)Zone District.
LOCATION: East of and adjacent to CR 23; approx. 1/3 mile south of Hwy 392.
be recommended favorably to the Board of County Commissioners for the following reasons:
C. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
D. 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 12.5 acres 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.H of the Weld County Code provides for Kennels as a Use by
Special Review in the A(Agricultural)Zone District. A kennel is defined in Sec. 23-1-90 of
the Weld County Code as"any place other than a pet shop or veterinary clinic or hospital,
where five (5) or more household pets of one (1) species, or a total of eight (8) or more
household pets of two(2)or more species,are kept or maintained. Property that is zoned A
(Agricultural)and not part of a platted subdivision or unincorporated town and which is larger
than ten (10) acres shall be permitted to keep or maintain the following without being
considered a kennel: eight(8)household pets of one(1)species, or sixteen (16)household
pets of two(2)or more species and, in addition, no more than thirty(30)birds,as long as the
landowner or occupant holds a current Common Bird Breeder license issued by the Colorado
Department of Agriculture Animal Industry Division and is in good standing with such
Division."
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The surrounding properties are zoned agricultural. Residences exist
the adjacent property to the north and south. Willow Springs Estates subdivision lies just
east of the property.Conditions of Approval and Development Standards will ensure that the
use will be compatible with the surrounding area.
E.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 not located within an Intergovernmental Agreement Area. The
property is located within three miles of the Town of Windsor and the City of Greeley. The
City of Greeley, in their referral dated January 3, 2007 recommended approval of this F
application and expressed concerns that have been addressed through the Conditions of xal
2007-0776
Resolution USR-1596
Scott& Kristie Fisher
Page 2
Approval and Development Standards. The Town of Windsor,in their referral dated January
18, 2007 also recommended approval of this application.
E. Section 23-2-220.A.5-- 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 U.S.D.A.Soils Maps of Prime Farmlands of Weld County dated
1979, indicates that the soils on this property are Prime soils; however,the application does
not propose to remove any land from the possibility of being productive. The applicant is
proposing to locate the kennel in the area of the property where existing improvements are
located.
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.
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 Weld County Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. All sheets of the plat shall be labeled USR-1596. (Department of Planning Services)
B. The applicant shall obtain a building permit for a change of use, to insure the kennel is
consistent with building codes as stated in the referral received January 1, 2007 from the
Weld County Building Inspection. Evidence of approval shall be submitted to the Department
of Planning Services. (Building Inspection)
C. The applicant shall attempt to address the requirements (concerns) of The Windsor
Severance Fire Protection District,as stated in the referral response dated January 2,2007.
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services.
D. The applicant shall attempt to address the requirements (concerns) of The New Cache La
Poudre Irrigating Company, as stated in the referral response dated December 15, 2006.
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services.
E. The applicant shall submit a dust abatement plan for review and approval to the Department
of Public Health and Environment. Written evidence of approval of this plan shall be provided
to the Department of Planning Services. (Department of Public Health and Environment)
F. The applicant shall provide written evidence to the 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 the applicant shall provide evidence that they are not subject to the PACFA
Resolution USR-1596
Scott& Kristie Fisher
Page 3
requirements. Evidence of compliance with this condition shall be provided tote Department
of Planning Services. (Department of Public Health and Environment)
G. The applicant shall submit a waste handling plan,for approval,to the Environmental Health
Services Division of the Weld County Department of Public Health&Environment. The plan
shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed(including the facility
name, address, and phone number). Evidence of approval from the Department of
Public Health and Environment shall be provided to the Department of Planning
Services. (Department of Public Health and Environment)
The plat shall be amended to delineate the following:
H. The attached Development Standards. (Department of Planning Services)
The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
J. The canal on the north boundary of the property is known as the Greeley#2 Canal;
the plat shall be corrected so that the canal is accurately labeled. (Department of
Planning Services)
K. All exterior light standards shall be delineated on the Site Plan Review Plat and be in
compliance with Section 23-2-250.B.6 of the Weld County Code. (Department of
Planning Services)
L. Any existing or proposed sign shall be delineated on the Site Plan Review Plat and
be in compliance with Chapter 23, Article IV, Division 2 of the Weld County Code.
(Department of Planning Services)
M. The approved Landscaping/Screening Plan. (Department of Planning Services)
N. The application materials do not identify the location of the dumpster 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)
O. County Road 23 is designated on the Weld County Classification Plan as a collector
road, which requires an 80-foot right-of-way at full build out. There is presently 60-
foot right-of-way. An additional 10 feet of right of way shall be delineated as future
County Road 23 right-of-way on the plat. This road is maintained by Weld County.
(Department of Public Works)
6. All approved accesses shall be clearly shown on the plat. (Department of Public
Works)
7. Spaces reserved for the parking of vehicles and any loading zones 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 spaces for the office/residence associated with this facility shall be
Resolution USR-1596
Scott& Kristie Fisher
Page 4
four (4) spaces. The applicant shall make a reasonable attempt to meet the
requirements of the American with Disabilities Act (ADA) and comply with ADA
standards for this facility. One (1) non-ambulatory / ambulatory parking space
associated with the kennel shall be identified and shown on the plat. The parking
space must be the closest possible to the entrance. Should the applicant elect to not
adhere to the previously discussed Federal Standards, this office requests that the
applicant outline how their proposed site design attempts to comply with the
requirements of the American's with Disabilities Act. (Department of Planning
Services)
8. In accordance with Section 23-4-30.C, and Appendix 23-A, all parking, loading
areas and street access drives shall be paved with asphaltic concrete pavement or
equal and shall be designed in accordance with the aforementioned regulations.
(Department of Public Works)
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)
K. The applicant shall enter into an Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for all transportation (access drive,
parking areas,etcetera)and non-transportation(plant materials,fencing,screening,etcetera).
The agreement and form of collateral shall be reviewed by County Staff and accepted by the
Board of County Commissioners prior to recording the Site Plan Review plat. (Department of
Planning Services)
2. Upon completion of 1., 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)
8. 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 maps(o)co.weld.co.us. (Department of Planning Services)
9. 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)
5. 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.
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Kristie and Scott Fisher
USR-1596
1. The Site Specific Development Plan and a Special Review Permit for a Kennel (16 dogs of a non-
specific breed)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. The landscaping/screening on site shall be maintained in accordance with the approved
Landscape/Screening Plan. (Department of Planning Services)
4. The facility shall be operated by the property owners as outlined in the application materials. There
shall be no employees. (Department of Planning Services)
5. Hours of operation shall be limited to 8am to 8pm as outlined in the application materials.
(Department of Planning Services)
6. This application shall be in compliance with Section 23-3-250 A. and B of the Weld County Code.
(Department of Planning Services)
7. Animal and feed wastes, bedding, debris and other organic wastes shall be disposed of so that
vermin infestation, odors, disease hazards, and nuisances are minimized. Such wastes shall be
removed at least weekly from the facility and disposed by a commercial hauler. (Department of
Public Health and Environment)
8. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
9 No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and
Environment)
10. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris,and other potential nuisance conditions. (Department
of Public Health and Environment)
11. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Health and Environment)
12. 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 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
14. Adequate handwashing and toilet facilities shall be provided for patrons 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
Resolution USR-1596
Scott& Kristie Fisher
Page 6
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 from North Weld County Water District.
(Department of Public Health and Environment)
17. 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)
18. 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)
19. The historical flow patterns and run-off 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)
20. A plan review is required for each building for which a building permit is required. Plans shall include
a floor plan.Two complete sets of plans are required when applying for each permit. (Department of
Building Inspection)
21. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2003 International Building
Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International
Fuel Gas Code; and the 2005 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
22. Fire resistance of walls and openings, construction requirements, maximum building height and
allowable areas will be reviewed at the plan review. Setback and offset distances shall be
determined by the Zoning Ordinance. (Department of Building Inspection)
23. Building height shall be measured in accordance with the 2003 International Building Code for the
purpose of determining the maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk Requirements from Chapter 27 of the Weld
County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County
Code in order to determine compliance with offset and setback requirements. Offset and setback
requirements are measured to the farthest projection from the building. (Department of Building
Inspection)
24. Prior to the release of new building permits a letter of approval by the Windsor-Severance Fire
Protection District shall be provided to the Building Department.(Department of Building Inspection)
25. 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)
26. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the weld County Code. (Department of Public Health and Environment)
27. 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. (Department of
Planning Services)
Resolution USR-1596
Scott& Kristie Fisher
Page 7
28. 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. (Department of Planning Services)
29. 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.(Department of Planning
Services)
Motion seconded by Tom Holton.
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, 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 the 6th of March, 2007.
Dated the 6th of March, 2007.
-6/1).(A&AtAr1J-teh
Kristine Ranslem
Secretary
7 (o -SOU 7
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, March 6, 2007
A regular meeting of the Weld County Planning Commission was held Tuesday, March 6, 2007, in the Weld
County Department of Planning Services, Hearing Room, 918 10th Street, Greeley, Colorado. The meeting
was called to order by Chair Chad Auer, at 1:30 p.m.
ROLL CALL ABSENT
Chad Auer- Chair
Doug Ochsner-Vice Chair
Paul Branham
Erich Ehrlich
Bruce Fitzgerald
Tom Holton
Mark Lawley
Roy Spitzer
James Welch
Also Present: Attorney Cindy Giauque, Hannah Hippely, Chris Gathman, Roger Caruso, Kim Ogle, and Kris
Ranslem. Don Carroll, Jesse Hein, and Char Davis.
Doug Ochsner motioned to approve the minutes of the February 20, 2007 meeting, seconded by Paul
Branham. Motion carried.
CONTINUED ITEMS
CASE NUMBER: USR-1596
APPLICANT: Scott & Kristie Fisher
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: E2NE4 of Section 23, T6N, R67W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for
a Kennel (16 dog maximum) in the A(Agricultural)Zone District.
LOCATION: East of and adjacent to CR 23; approx. 1/3 mile south of Hwy
392.
Hannah Hippely, Department of Planning Services, stated that this case was placed on the agenda as a
continuance item due to the lack of required mineral notification. Since that time a letter from the mineral
owner has been received. Hannah requested that this case be moved to the consent agenda.
The Chair asked the Commissioners if they were in favor of moving Case USR-1596 to the Consent
Agenda. The Commissioners agreed to move the case to the Consent Agenda.
CASE NUMBER: USR-1601
APPLICANT: Russell Pope
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot A of RE-1823; Pt NE4 of Section 8m T7N, R67W of the 6th
P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for
a business permitted as a use by review or accessory use in the
Commercial or Industrial Zone District (weddings, wedding
receptions, wedding seminars, honeymoons, meetings, reunions,
religious ceremonies, private parties, dinner parties, picnics;
business conferences, lectures, seminars and training sessions;
trade shows, car shows, art exhibits; recreational activities
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