HomeMy WebLinkAbout20022743.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by James Rohn,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-1400
APPLICANT: Cordell & Crystal Dye
PLANNER: Carla Angeli
LEGAL DESCRIPTION: Lot A of RE-1209; part of the SW4 of Section 22, T4N, R64W of the 6th
P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a dog
kennel (not to exceed 150 dogs) in the A (Agricultural)Zone District.
LOCATION: East of and adjacent to WCR 55 and 1/2 mile south of WCR 44.
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. The site is 21 acres in size and is
designated as "Not Prime" on the Weld County Farmlands of National Importance Map
dated 1979. There is an existing Use by Special Review on the property(SUP-344)for a
500 head dairy. The site also serves as the single family residence for the applicants. The
site is consistent with the agriculture zone district in which it is located.
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 violation (VI-0200223)was cited
on the property for exceeding the number of dogs allowed as a use by right.
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The 21 acre site contains approximately 400 dairy cows and 80
dogs. The site is surrounded by farmland on all sides and has rural agricultural uses.
There are three houses located near the Dye's property. The house to the south is
approximately 800 feet away. The houses to the north are over 1,000 feet away from the
applicant's northern property line. There are no residences affected by impacts of this site
to the west or east. The location of the site, existing land uses,as well as the development
standards and conditions of approval will ensure compatibility with the surrounding
properties.
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 Chapter22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The property under review is not located within a three mile referral area of
any municipality.
e. Section 23-2-220.A.5--The site does not lie within any Overlay Districts.
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 property is identified F C
as "not prime" and is not used for crop production. The 21 acres is used for agricultural O
purposes in respects to the dairy operation on site and no prime farmland is disturbed with =^n 4
this proposal. X oh
2002-2743
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Resolution USR-1400
Crystal Dye
Page 2
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 Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The plat shall be labeled Use by Special Review#1400(Department of Planning Services)
B. The plat shall delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2) The boundary of the existing SUP-344 shall be amended and the remaining area
shall delineate the boundary of the new Use by Special Review permit, USR-1400.
C. The Colorado Department of Agriculture, Division of Animal Industry inspection report
identified some needed repair and replacement for run#11 as stated in the referral received
August 22, 2002. Written evidence of the repairs shall be submitted to the Department of
Planning Services. (Department of Planning Services)
D. Building permits have been submitted for the change of use for the two wood frame
structures used as the kennels. All necessary plans and documents shall be submitted to
the Department of Building Inspection regarding those buildings to finalize the building
permit process. (Department of Building Inspection)
E. The Weld County Sheriffs Office is willing to discuss crime prevention methods with the
applicant. Written evidence shall be submitted to the Department of Planning Services that
the applicant has reviewed the referral response from the Sheriffs Office and shall attempt
to discuss these matters with a representative of the agency. (Department of Planning
Services)
F. The applicant shall address the requirements of the Department of Planning Services as
stated in the referral response dated August 10, 2002. The plat shall reflect issues
regarding fencing, lighting, and outdoor storage. (Department of Planning Services)
G. The Environmental Health Services Division was unable to locate a septic permit for the
septic system serving the Dog Kennel. The septic system shall be reviewed by a Colorado
Registered Professional Engineer. The review shall consist of observation of the system
and a technical review describing the systems ability to handle the proposed hydraulic load.
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. (Department of Public Health and Environment)
H. 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:
A. A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
Resolution USR-1400
Crystal Dye
Page 3
B. A list of the type and volume of chemicals expected to be stored on site.
C. The waste handler and facility where the waste will be disposed (including the
facility name, address, and phone number).
The existing access to the proposed USR crosses over a small (private) irrigation ditch to
the facility. The applicant shall trim trees and shrubs at this access point to create an
adequate sight distance in both directions. (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. SUP-344 shall be amended through the Board of County Commissioners proceeding prior
to recording. (Department of Planning Services)
2. Upon completion of 1 above the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of
the Weld County Clerk and Recorder by Department of Planning Services'Staff. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The
Mylar plat and additional requirements shall be submitted within thirty(30)days from the date of the
Board of County Commissioners resolution.The applicant shall be responsible for paying the$11.00
recording fee. (Department of Planning Services)
3. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles,Arclnfo Coverages and 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)
4. The Special Review activity shall not occur nor shall any building or electrical permits be issued on
the property until the Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder. (Department of Planning Services)
r
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Crystal and Cordell Dye
USR-1400
1. The Site Specific Development Plan and Special Use Permit is for a Dog Kennel(not to exceed 150
dogs)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. 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)
4. 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)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Department of Public Health and
Environment)
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. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
8. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone
District as delineated in 25-12-103, C.R.S., as amended. (Department of Public Health and
Environment)
9. Adequate hand washing and toilet facilities shall be provided for the public. (Department of Public
Health and Environment)
10. The facility shall utilize the existing public water supply (Central Weld County Water District).
(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. 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)
13. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
14. 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)
Resolution USR-1400
Crystal Dye
Page 2
15. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health&Environment,Water Quality Control Division. (Department of Public
Health & Environment)
16. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
17. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
18. Personnel from the Weld County Departments of Public Health and Environment,Planning Services
and Public Works shall be granted access onto the property at any reasonable time in order to
ensure the activities carried out on the property comply with the Development Standards stated
herein and all applicable Weld County regulations.
19. 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.
20. 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 Stephan Mokray
VOTE:
For Passage Against Passage Absent
Fred Walker
John Folsom
Cathy Clamp
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Bernard Ruesgen
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 September 17, 2002.
Dated the 17'" of September, 2002.
Voneen Macklin
Secretary
/7 - bZ_
The Chair asked the secret". poll the members of the Planning Coalition for their decision. John
Folsom, yes; Stephan Mokray, yes; Fred Walker, yes; James Rohn, no; Bernie Ruesgen,yes; Cathy Clamp,
yes. Motion carried unanimously.
Cathy Clamp commented that clustering development is the way the County is trying to leave as much open
space as possible in future developments. It is intended for a conservation buffer and is something that
most people prefer so roads are not located all over the parcels. There is still the opportunity to bring
concerns before the Board of County Commissioners. The applicant needs to speak with the surrounding
property owners and address some simple issues. Getting a draft form of covenants and distributing them
to the surrounding property owners would possibly alleviate some of the concerns brought forth today.
James Rohn commented that this does not meet with the existing properties. Most of the surrounding
properties are on hills and this is located in the flood plain. This is not a safe way to build a home.
CASE NUMBER: USR-1400
APPLICANT: Cordell &Crystal Dye
PLANNER: Carla Angeli
LEGAL DESCRIPTION: Lot A of RE-1209; part of the SW4 of Section 22, T4N, R64W of the 6th
P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a dog
kennel (not to exceed 150 dogs) in the A(Agricultural)Zone District.
LOCATION: East of and adjacent to WCR 55 and 1/2 mile south of WCR 44.
Carla Angell, Department of Planning Services presented Case USR-1400, reading the recommendation
and comments into the record. The Department of Planning Services is recommending approval of the
application along with the Conditions of Approval and Development Standards.
Crystal Dye, applicant, provided additional information with regard to the project. Some of the dogs are
donated to assist the blind, Guiding Eyes, assistance dogs and Search and Rescue. All that is done with
the kennel is for the love of the dogs. Ms. Dye was under the impression that since she was licensed
through PACFA she would not need to pursue a permit. If this would have been known different
arrangements would have been made. The septic system was placed in at the same time to serve a
livestock facility. It was designed for more of a wastewater facility. The solid waste is picked up and the
kennel is cleaned as needed with mopping or with pressure washer. There is no excessive use of water and
the dogs do not want for anything.
Bernie Ruesen asked about the solid waste disposal. Ms. Dye indicated that the waste is double bagged
in plastic and paper and is disposed of in a BFI trash container where it is taken to the landfill.
Stephan Mokray asked about the breed of dog and if they were the suggested breed for the programs
mentioned. Ms. Dye indicated that they were the preferred breed.
James Rohn asked Char Davis, Weld County Health and Environment, if the disposal method was
adequate. Ms. Davis indicated that on a site visit the location is a clean facility and there is no problems.
Mr. Rohn asked about the dogs that were not given to charity or away, the ones with disabilities. Ms. Dye
indicated she keeps them. Any dogs that have a physical problem that would restrict them from having a
normal life anywhere else are kept.
Cathy Clamp asked about the difference between 3 and 30 gallons of water per dog in the application. Ms.
Davis indicated that this standard is a regulation from the state. The County does not contain any
regulations. Ms. Clamp asked if this was something that was abnormally high and if it was something that
could come down. Pam Smith stated that when it relates to the septic system regulations the county is
required to be as stringent as the state code. They can be more stringent but not more lenient. The state
code guidelines for septic systems is 30 gallons per dog per kennel. It does not make a distinction between
a full service kennel where there is boarding and grooming and bedding being washed versus greyhounds.
Ms. Clamp asked if the amount of water goes to the capacity or is this available water. Ms. Smith indicated
it was for design capacity. There is a letter included in the packet that was addressed to Ms. Dye that
outlines the septic system and the steps that can be done to make the system legal. One of the options was
Page -17-
to submit an alternate engine. design for the septic system for less th•0 gallons per dog. This can
be submitted and taken to the Board of Health for approval. This would be an alternative to the state code
requirements. Ms. Clamp asked Mr. Morrison if this could proceed with the variance alternative. Mr.
Morrison indicated it could as long as it is conditioned on meeting the 30 gallon standard of obtaining an
approval from the Board of Health.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Fred Walker asked if the 30 gallon issue was addressed in the development standards. Ms. Smith indicated
that Condition of Approval 1G is a standard and applies to this. The use will have to be justified because the
applicant wants less than 30 gallons per dog. Ms. Clamp asked if language would need to be added. Mr.
Morrison indicated the concerns are covered in the existing language.
Crystal Dye stated concerns with the septic system and the permitting of it. There has been issues concerning
the Weld County Health Department and the system. An engineer was hired to do the study for usage and
2.9 gallons were found to be used per dog. The same result has come from the State Agriculture Department.
The 30 gallons per dog seems to be a typo because there is no way to get 30 gallons used on a dog in one
day. Ms. Clamp asked if this was within the Planning Commission ability to change or are the state
regulations required. Mr. Morrison stated that the Planning Commission is limited to them but the Board of
Health is not. Ms. Clamp indicated that the variance is not something that the Planning Commission can do
anything about. The natural process is to go through the Board of Health. Ms. Dye wants specifics from the
Board of Health. Mr. Morrison indicted that even though staff has to deny the request the Board of Health can
approve it.
James Rohn moved that Case USR-1400, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Stephan Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray,yes; Fred Walker,yes;James Rown,yes; Bernie Ruesgen,yes; Cathy Clamp,
yes. Motion carried unanimously.
Meeting adjourned at 7:45 pm
Respectfully submitted
Voneen Macklin
Secretary
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