HomeMy WebLinkAbout20060289.tiff RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
Moved by Doug Oschner 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-1536
APPLICANT: Donald & Cheryl Hackett
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot A of RE-1871; part W2 SW4 of Section 22, T2N, R66W of
the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a
kennel (100 dogs - dachshunds) in the (A)Agricultural Zone
District.
LOCATION: North of and adjacent to CR 18; approximately 1/2 mile east of
CR 31.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the 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.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 area consists of
approximately 5 acres and already has an existing kennel on site comprised of 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.
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 consists of kennels to the west and east of the
site, residential uses (Aristocrat Ranchettes) is located to the south of the site, and
agricultural uses to the north. One letter has been received from a surrounding property
owner stating that they are in favor of the application. Conditions of Approval and
Development Standards will ensure that the use will be compatible with the neighborhood
and surrounding area.
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 not located within an Intergovernmental Agreement Area. The site
is located within three miles of the City of Ft. Lupton. No referral has been received from the
City of Ft. Lupton.
E. Section 23-2-220.A.5 -- The site does not lie within any Overlay Districts. EXHIBIT
tASC #1631
2006-0289
Resolution USR-1536
Donald & Cheryl Hackett
Page 2
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)
F. Section 23-2-220.A.6 -- The site consists of approximately five (5) acres and already has
existing kennel facilities on site and is not compatible for farming. The U.S.D.A.Soils Maps
of Prime Farmlands of Weld County indicate that the soils on this property as irrigated not
prime soils.
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 a Board of County Commissioners hearing:
A. The applicant shall submit a detailed signage plan to the Weld County Department of
Planning Services for review. (Department of Planning Services)
B. The applicant shall submit a Landscaping and Screening Plan to the Department of Planning
Services for review and approval. (Department of Planning Services)
C. Section 22-5-100.A of the Weld County Code states"oil and gas exploration and production
should occur in a manner which minimizes the impact to agricultural uses and the
environment and reduces the conflicts between mineral development and current and future
surface uses." Section 22-5-100.B of the Weld County Code states "...encourage
cooperation, coordination and communication between the surface owner and the mineral
owner/operators of either the surface or the mineral estate." Section 22-5-100.B.1 of the
Weld County Code also states "new development should be planned to take into account
current and future oil and gas drilling activity to the extent oil and gas development can
reasonably be anticipated." 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. The applicant shall either apply for a Zoning Permit for a Mobile Home(ZPMH)for the mobile
home in the rear of the property or provide evidence that the mobile home has been removed
from the property. (Department of Planning Services)
B. All vehicles located on the property must be operational with current license plates, or be
screened from all adjacent properties and public rights of way, or be removed from the
property. All other items considered to be part of a noncommercial junkyard must also be
removed from the property or screened from adjacent properties and public rights-of-way.
Evidence shall be submitted to the Department of Planning Services. (Department of
Planning Services)
Resolution USR-1536
Donald & Cheryl Hackett
Page 3
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 approval shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
D. 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 shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
E. 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.
Evidence of approval shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
F. 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 approval from the Department of Public Health and Environment shall be provided 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)
G. The application materials do not address property maintenance. The applicant shall submit
written evidence to the Department of Planning Services how the property will be in
compliance with Section 23-2-250.F of the Weld Count Code. (Department of Planning
Services)
H. The Platte Valley Soil Conservation District has provided information regarding the soils on
the site. The applicant shall review the information and use it to positively manage on site
soils. (Department of Planning Services)
The plat shall be amended to delineate the following:
1. All sheets of the plats shall be labeled USR-1536(Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. An exception to this requirement is the scale of the proposal. The
drawing shall
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Resolution USR-1536
Donald & Cheryl Hackett
Page 4
be drawn to a scale of one inch equals twenty feet (1" = 20'). (Department of
Planning Services)
4. 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)
5. 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)
6. County Road 18 is designated on the Weld County Classification Plan as a collector
status road, which requires an 80-foot right-of-way at full build out. The applicant
shall verify the existing right-of-way and the documents creating the right-of-way. If
the right-of-way cannot be verified, it shall be dedicated.This road is maintained by
Weld County. (Department of Public Works)
7. The applicant shall utilize the existing access to the site. All approved accesses
shall be clearly shown on the plat. (Department of Public Works)
8. The off-street parking including the access drive shall be surfaced with gravel or the
equivalent and shall be graded to prevent drainage problems. (Department of Public
Works)
9. The approved Landscape and Screening Plan shall be delineated on the plat.
(Department of Planning Services)
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 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)
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 2005-7 approved June 1,2005, 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.
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
Resolution USR-1536
Donald & Cheryl Hackett
Page 5
6. 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(a,co.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
Donald and Cheryl Hackett
USR-1536
1. The Site Specific Development Plan and a Special Review Permit for a Kennel (100 dogs -
Dachshunds)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 on site shall be maintained in accordance with the approved Landscape and
Screening Plan. (Department of Planning Services)
4. The kennel shall be limited to no more than three (3)family members as outlined in the application
materials. (Department of Planning Services)
5. This application shall be in compliance with Section 23-3-250 A. and B of the Weld County Code.
(Department of Planning Services)
6. Animal and feed wastes, bedding, debris and other organic wastes shall be disposed of so that
vermin infestation, odors, disease hazards, and nuisances are minimized. Such wastes shall be
removed at least weekly from the facility and disposed by a commercial hauler. (Department of
Public Health and Environment)
7. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
8. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and
Environment)
9. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions,blowing debris,and other potential nuisance conditions. (Department
of Public Health and Environment)
10. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Health and Environment)
11. The operation shall comply with all applicable rules and regulations of the Colorado Department of
Agriculture (CDA), Division of Animal Industry. (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 toilet and handwashing facilities shall be provided for employees. The helpers shall be
allowed to use the toilet facilities located in the residence. (Department of Public Health and
Environment)
15. 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)
16. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
17. 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)
19. 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)
20. 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)
21. 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. The applicant must take into consideration stormwater capture/quantity and
provide accordingly for best management practices. (Department of Public Works)
22. The off-street parking including the access drive shall be surfaced with gravel or the equivalent and
shall be graded to prevent drainage problems. (Department of Public Works)
23. 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)
24. A building permit shall be obtained prior to the construction of any new building or addition to the
existing building. (Department of Building Inspection)
25. 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)
26. 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)
27. 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)
28. 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)
29. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
30. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
31. 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.
32. 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.
33. 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.
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 December 20, 2005.
Dated the `h of December, 2005.
c>13 :
Donita M
Secretary
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6. CASE NUMBER: USR-1536
APPLICANT: Donald&Cheryl Hackett
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot A of RE-1871; part W2 SW4 of Section 22,T2N, R66W of
the 6th P.M.,Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a
kennel (100 dogs-dachshunds) in the (A)Agricultural Zone
District.
LOCATION: North of and adjacent to CR 18;approximately 1/2 mile east of
CR 31.
Jacqueline Hatch, Department of Planning Services, requested that Case USR-1536 remain on the consent agenda.
Donald Hackett, 15267 CR 18, applicant, requested his case remain 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. The public portion was closed.
Doug Oschner moved that Case USR-1535 and Case USR-1536 remain on the consent agenda and 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. Tom Holton seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy Spitzer,yes;Tom
Holton, yes; Chad Auer, yes; Doug Ochsner, yes; Paul Branham, yes; Bruce Fitzgerald, yes. Motion carried
unanimously.
HEARING ITEMS
7. APPLICANT: Weld County
PLANNER: Monica Mika/Bruce Barker
REQUEST: Amendment to Chapter 22 Comprehensive Plan
Monica Mika, Director of Planning Services, reminded the Planning Commissioners that they had made several
changes to Chapter 22 of the Weld County Code a month ago and that there was one more additional change she
wanted to present today. That change was a regulation that allows the Comprehensive Plan be amended two times
in any given year. The Department of Planning Services' recommendation was that for the calendar year of 2006,
they withhold accepting applications to change the Mixed Use Development area in February and hold them until
August. The intent was that since they were preparing to go through the Mixed Use Development process,they felt it
was more appropriate to work through this study before adding any new parcels into the MUD area. That information
was found in Section 22-1-150 of the County Code. The Chair asked Ms. Mika what action should be taken today.
Ms. Mika replied that the recommendation for approval be forwarded to the Board of County Commissioners for
consideration in their Code changes and be attached to the previous Code changes and presented as one
consideration to the Board in January.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished
to speak. Public portion closed.
Chad Auer moved that Weld County Amendment to Chapter 22 Comprehensive Plan be forwarded to the Board of
County Commissioners along with the recommendation of approval. Doug Oschner seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision Roy Spitzer,yes;Tom
Holton, yes; Chad Auer, yes; Doug Ochsner, yes; Paul Branham, yes; Bruce Fitzgerald, yes. Motion carried
unanimously.
8. CASE NUMBER: 2005-XX
APPLICANT: Benson Farms LLC
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Part E2 of Section 23 and the SW4 of Section 24, all in T3N, ,:,;::8.f
R68W of the 6th P.M.,Weld County, Colorado.
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