HomeMy WebLinkAbout20060065.tiff RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
Moved by Michael Miller 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-1525
APPLICANT: Deborah Lowry
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Part S2 SE4 of Section 29, T2N, R68W of the 6th P.M., Weld
County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a
kennel (80 dogs including a dog day care) in the A(Agricultural)
Zone District.
LOCATION: West of and adjacent to CR 5; approximately 1/2 mile south of CR
16.5.
be recommended favorably to the Board of County Commissioners for the following reasons:
The Planning Commission approves this request 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 Department of Planning Services'staff 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 two acres and is currently being utilized as a kennel.
The existing improvements on site make 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 a Kennel as a Use by
Special Review in the Agricultural Zone District. The site is currently in violation(VI-0500192)
for the operation of a kennel/doggy daycare without the necessary permits if this Use by
Special Review application is approved the property will be in compliance. If denied, the
number of dogs shall be reduced not to exceed 4 (four) per legal lot and all commercial
activities shall be removed; otherwise, the violation case will proceed accordingly. This
violation was not yet been presented to the Board of County Commissioners though the
violation hearing process. The violation was initiated through a visual inspection and not by a
complaint from any surrounding property owners.
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 primarily agriculture in nature with a few
single family homes in the vicinity. Conditions of Approval and Development Standards
ensure impact on the existing and future residences will be minimal.
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 lies within the three mile referral area for the City of Longmont,Towns
of Mead and Berthoud, and Larimer County.All municipalities's returned a referral indicating
no conflict with their interests. Larimer County did not respond to the referral request.
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 subject site will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
EXHIBIT
2006-0065
Use 41525
Resolution USR-1525
Deborah Lowry
Page 2
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 designated
"Prime" by the USDA Soil Conservation Services.
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 Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to scheduling the Board of County Commissioners Hearing:
A. The applicant shall submit a detailed signage plan to the Weld County Department of
Planning Services. The applicant shall provide written evidence that all proposed signs are in
compliance with Section 23-4-90 of the Weld County Code. (Department of Planning Services)
B. The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gas activities have been adequately incorporated into
the design of the site or show evidence that an adequate attempt has been made to mitigate the
concerns of the mineral owner/operators. Drill envelopes can be delineated on the plat in
accordance with the State requirements as an attempt to mitigate concerns. The plat shall be
amended to include any possible future drilling sites. (Department of Planning Services)
2. Prior to recording the plat:
A. All sheets of the plat shall be labeled USR-1525. (Department of Planning Services)
B. The applicant shall address the requirements (concerns) of the Mountain View Fire Protection
District, as stated in the referral response dated August 9, 2005 and September 16, 2005.
Evidence of such shall be submitted in writing to the Weld County Department of Planning
•
Services. (Mountain View Fire Protection District)
C. The applicant shall attempt to address the requirements of the Weld County Sheriffs Office, as
stated in the referral response dated August 17, 2005. 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 August 17,2005. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Building Inspection)
E. The applicant shall complete and submit the appropriate zoning and building permit applications
and pay the appropriate fees to the Weld County Department of Planning Services for the change
of use of the existing 1800 square foot pole barn to a Kennel (B occupancy)and the change of
use of the milking room to the office(B occupancy). A building permit will also be required for the
120 square foot Victorian House. (Department of Building Inspection)
Resolution USR-1525
Deborah Lowry
Page 3
F. The applicant shall provide a Lighting Plan. Should exterior lighting be a part of this facility, all
light standards shall be delineated on the plat and be in accordance with Section 23-3-250.B.6 of
the Weld County Code. (Department of Planning Services)
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. Evidence of
Health Services approval shall be submitted to the Department of Planning Services. 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 and Environment)
H. The applicant shall submit a dust abatement plan for review and approval to the
Environmental Health Services, Weld County Department of Public Health and Environment.
Written evidence of such shall be submitted to the Department of Planning Services. (Weld
County Department of Public Health and Environment)
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. A copy of a current license issued by CDA is acceptable. Written
evidence of such shall be submitted to the Department of Planning Services. (Weld County
Department of Public Health and Environment)
J. The Environmental Health Services Division(EHS)has discovered that the'doggy dorm'building
has restroom facilities. EHS file/record review indicates that the'doggy dorm'building does not
have a septic permit. It is understood that the sewage from the 'doggy dorm' building is being
diverted to the existing septic system serving the home. The permit on file for the home is for the
residence only. Therefore, the septic system serving the home and now'doggy dorm' 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 Department of Public Health and
Environment. In the event the system is found to be inadequately sized or constructed the
system would be brought into compliance with current regulations. Written evidence of such
shall be submitted to the Department of Planning Services. (Weld County Department of Public
Health and Environment)
K. The applicant shall submit a manure management plan to the Weld County Department of Public
Health and Environment for review and approval. Written evidence of such shall be submitted to
the Department of Planning Services. (Weld County Department of Public Health and
Environment)
L. 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. Written evidence
of such shall be submitted to the Department of Planning Services. (Weld County Department of
Public Health and Environment)
Resolution USR-1525
Deborah Lowry
Page 4
M. The applicant shall complete all proposed improvement including those regarding landscaping,
screening, access improvements and parking lot requirements or enter into an Improvements
Agreement according to policy regarding collateral for improvements and post adequate collateral
for all required materials. The agreement and form of collateral shall be reviewed by County Staff
and accepted by the Board of County Commissioners prior to recording the USR plat.
(Department of Planning Services)
N. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
2. The approved Lighting Plan. (Department of Planning Services)
3. County Road 5 is designated on the Weld County Road Classification Plan as a local gravel
road,which requires 60 feet of right-of-way at full build out.This road is maintained by Weld
County. 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. (Department of
Public Works)
4. The off-street parking spaces including the access drive shall be surfaced with gravel,
asphalt, concrete or the equivalent and shall be graded to prevent drainage problems.
(Department of Public Works)
5. Each parking space shall be equipped with wheel guards or curb blocks when necessary to
prevent vehicles form extending beyond the boundary of the space and from coming into
contact with other vehicles, walls, fences or planting. (Department of Public Works)
6. The access to the site shall meet the standards to the Mountain View Fire Protection District.
The access road must be 20 feet in width, have a clear height of 13 feet,6 inches and must
be capable of supporting an imposed load of 75,000 pounds. (Mountain View Fire Protection
District)
O. 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. 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)
5. 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)
6. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005, should the plat not
Resolution USR-1525
Deborah Lowry
Page 5
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
Deborah Lowry
USR-1525
1. The Site Specific Development Plan and Special Review Permit for a kennel (80 dogs including a dog
day care)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. Eighty dogs (80)is the maximum number of adult dogs allowed on the site at any one time. Dogs over
the age of six(6)months are counted in the maximum number of adult dogs in accordance with Section
23-1-90 of the Weld County Code. (Department of Planning Services)
4. There will be no staging or parking on County Road 5. Utilize the on-site parking only. (Department of
Public Works)
5. The applicant shall take into consideration stormwater capture/quantity and provide accordingly for best
management practices. (Department of Public Works)
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". (Department of
Public Health and Environment)
11. The facility shall be operated in a manner to control flies. (Department of Public Health and
Environment)
12. The operation shall comply with all applicable rules an regulations of the Colorado Department of
Agriculture (CDA), Division of Animal Industry. (Department of Public Health and Environment)
13. The applicant shall operate in accordance with the approved manure handling plan. (Department of
Public Health and Environment)
14. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health and Environment)
15. The facility shall be operated in accordance with the approved dust abatement plan at all times.
(Department of Public Health and Environment)
16. 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)
17. Adequate handwashing and toilet facilities shall be provided for invited guests of the facility.
(Department of Public Health and Environment)
18. The facility shall utilize the existing public water supply, Left Hand Water district. (Department of Public
Health and Environment)
19. 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 operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code. (Department of Public Health and Environment)
21. The access drive and on-site parking should have adequate gravel or the equivalent to provide an all-
weather access to the facility and should be graded to prevent drainage problems. (Department of
Public Works)
22. 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)
23. A building permit shall be obtained prior to the construction of any new building or addition to the
existing building. (Department of Building Inspection)
24. A plan review is required for each building for which a building permit is required. Plans shall include a
floor plan. Plans may be required to bear the wet stamp of a Colorado registered architect or engineer.
Two complete sets of plans are required when applying for each permit. (Department of Building
Inspection)
25. 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 2002 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
26. The building use will probably be classified as B (kennel). 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 Chapter 23 of the Weld County Code.
(Department of Building Inspection)
27. 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 23 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)
28. The screening and landscaping on site shall be maintained in accordance with the approved
Landscape/Screening Plan. (Department of Planning Services)
29. Up to six(6)employees beyond those living on site shall be allowed.(Department of Planning Services)
30. The hours of operation for the doggie daycare are limited to Monday to Friday 7:30 AM - 6:30 PM;
Saturday 9:00 AM - 12:00 PM (Noon) and no hours on Sunday as per the applcation materials.
(Department of Planning Services)
31. 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)
32. 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)
33. Weld County Government Personnel 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)
34. 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)
35. 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 Chad Auer.
VOTE:
For Passage Against Passage Absent
Michael Miller
Bruce Fitzgerald
Doug Ochsner
Chad Auer
James Welch
Tom Holton
Erich Ehrlich
Roy Spitzer
Paul Branham
The Chair declares the resolution passed and orders that a certified copy be placed in the file of this case
to serve as a permanent record of these proceedings.
CERTIFICATION OF COPY
I, Donita May, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on October 18, 2005.
Dated the 18th of October, 2005.
Donita May
Secretary
(Business) Commercial Zone District (Wholesale Trade
Establishment for the sale of nursery stock and hardline
products produced and imported to Site) in the A (Agricultural)
Zone District.
LOCATION: West and adjacent to CR 39; north and adjacent to CR 4.
Scott Larson, representing the applicant, 1888 Sherman St, Ste 415, Denver CO 80203, agreed to Case
USR-1528 remaining on the consent agenda.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Chad Auer moved that Case USR-1528, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation
of approval. Roy Spitzer seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy
Spitzer, yes; Michael Miller, yes; Chad Auer, yes; Tom Holton, yes; Doug Ochsner, yes; Bruce Fitzgerald,
yes; Paul Branham, yes. Motion carried unanimously.
5. CASE NUMBER: 7.525
APPLICANT:
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Part S2 SE4 of Section 29, T2N, R68W of the 6th P.M., Weld
County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a
kennel (80 dogs including a dog day care) in the A(Agricultural)
Zone District.
LOCATION: West of and adjacent to CR 5; approximately Y mile south of CR
16.5.
Deborah Lowry, applicant, 7019 CR 5, Erie CO 80516, agreed to Case USR-1525 remaining on the
consent agenda.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Michael Miller moved that Case USR-1525, 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. Chad Auer seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy
Spitzer, yes; Michael Miller, yes; Chad Auer, yes; Tom Holton, yes; Doug Ochsner, yes; Bruce Fitzgerald,
yes; Paul Branham, yes. Motion carried unanimously.
Hearing Items:
6. CASE NUMBER: USR-1523
APPLICANT: David & Beverly Heussmann
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lots 2, 3 &25 of Dream Acres; part NW4 of Section 25, T2N,
R68W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a
kennel (4000 game birds) and for a home business (concrete
forming business) in the A(Agricultural)Zone District.
LOCATION: South of and adjacent to CR 18; approximately'/ mile east of
CR 11.
3 EXHIBIT
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