HomeMy WebLinkAbout20020595.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Cristie Nicklas 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:
Planner: Lauren Light
Applicant: Philip and Patricia Hiddessen
Address: 2511 N. Pioneer
Mesa,AZ 85203
Request: A Site Specific Development Plan and a Special Review Permit for a Boarding Kennel
for 50 dogs (includes boarding,training, special events and two dwelling units, mobile
homes)in the A(Agricultural)Zone District
Legal Lot B of RE-2790; Pt. of the E2 of Section 21, Township 7 North, Range 65 West
Description: of the 6th P.M., Weld County, Colorado
Location: West of and adjacent to Weld County Road 43 and north of and adjacent to Weld
County Road 78
be recommended favorably to the Board of County Commissioners for the following reasons:
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED 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 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 ordinances in effect. The U.S.D.A.soils map indicate that the
soils on this property are designated "Prime". There are currently two mobile homes
located onsite as well as several outbuildings. It appears from County records that the
mobile homes were permitted in 1986. One mobile home was permitted as an accessory
to the farm and the other mobile home was permitted as a principal dwelling unit. The
addition of a three thousand square foot(3,000)building will not affect the ability to farm the
parcel as all the buildings are located in the northwestern portion of the property.
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. Additional requirements regarding
manure management,rodent and insect control and drainage improvements are contained
in Section 23-4-400 of the Weld County Code
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 predominantly agricultural and rural
residential in use. Conditions of Approval and Development Standards are proposed to
ensure that the applicant's proposed use will remain compatible with the existing
surrounding land uses.
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 located within the referral boundary area for the Towns of Ault
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and Eaton. Both Towns responded indicating no conflicts with their interests.
e. Section 23-2-220.A.5—The site does not lie within any Overlay Districts.
2002-0595
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Resolution USR-1368
Philip&Patricia Hiddessen
Page 2
f. Section 23-2-220.A.6—The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The U.S.D.A. soils map
indicate that the soils on this property are designated "Prime" land. The location of the
kennel will be in the northwest portion of the property which leaves the majority of the parcel
available for farming.
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 Commissions' recommendation for approval is conditional upon the following:
1. The attached Development Standards for the Special Review Permit shall be adopted and placed
on the Special Review Plat prior to recording. Upon completion of Conditions of Approval 2.A.
through 2.E. the completed plat shall be delivered to the Weld County Department of Planning
Services and be ready for recording in the Weld County Clerk and Recorder's Office within 30 days
of approval by the Board of County Commissioners. (Department of Planning Services)
2. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) Conform to Section 23-2-260.D of the Weld County Code which refers to
requirements for the special review permit plan map. The majority of the map
shall indicate the area containing the structures located on the northwest portion
of the property.
2) Indicate existing landscaping as well as maintenance and replacement of dead or
diseased plants.
3) A total of 40 feet from the centerline of Weld County Road 43 shall be delineated
right-of-way on the plat.
B. A Dust Abatement Plan shall be submitted to the Weld County Department of Public Health
and Environment, Environmental Health Services Division,for approval prior to operation.
Evidence of approval of the Dust Abatement Plan shall be submitted to the Weld County
Department of Planning Services. (Department of Public Health and Environment)
C. The septic system(s) serving the home or other existing buildings that will be utilized by
employees or visitors 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)
D. The applicants shall apply for a permit with the United States Department of Agriculture and
comply with the Rules and Regulations pertaining to the Administration and Enforcement
of the Pet and Animal Care and Facilities Act. Evidence of permit application shall be
provided to the Department of Planning Services. (Department of Planning Services)
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Resolution USR-1368
Philip&Patricia Hiddessen
Page 3
E. The access to the facility shall be located and designed to be safe and shall not present a
safety hazard to the traveling public or to the vehicles accessing the property. (Department
of Public Works)
3. A separate building permit shall be obtained prior to the construction,alteration or renovation of any
building. A separate building permit may be required for any change in the use of any building.
(Department of Building Inspection)
4. Structures shall be separated from each other in accordance with the provisions of Chapter 5 of the
1997 Uniform Building Code. (Department of Building Inspection)
5. A plan review will be required for all buildings. Plans shall bear the wet stamp of a Colorado
registered architect or engineer. Two complete sets of plans are required when applying for the
permit. (Department of Building Inspection)
6. Building shall conform to the requirements of the 1997 UBC, 1998, IMC, 1997 IPC, 1999 NEC and
Chapter 29 of the Weld County Code. (Department of Building Inspection)
7. Each building will require and engineered foundation based on a site-specific geotechnical report
or an open hole inspection performed by a Colorado registered engineer. Engineered foundations
shall be designed by a Colorado registered engineer. (Department of Building Inspection)
8. All proposed structures shall meet the minimum setback and offset requirements for the zone district
in which the property is located. Pursuant to the definition of setback in the Weld County Code,the
required setback is measured from the future right-of-way line.
No building or structure as defined and limited to those occupancies listed as Groups A, B, E, H, I,
M and R in Table 3-A of the 1997 Uniform Building Code, shall be constructed within a 200-foot
radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a
200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from
the terms of the Section 23-6-10 of the Weld County Code. (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)
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
® PHILIP AND PATRICIA HIDDESSEN
USR-1368
1. The Site Specific Development Plan and Special Use Permit is for a Boarding Kennel for 50 dogs
(includes boarding, training, special events and two dwelling units (mobile homes)) 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 future buildings with restrooms shall install an individual sewage disposal system and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. The septic system
is required to be designed by a Colorado Registered Professional Engineer according to the Weld
County Individual Sewage Disposal Regulations. (Department of Public Health and Environment)
4. Animal and food 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, or more frequently,from the facility and hauled by a commercial hauler.
(Department of Public Health and Environment)
5. The facility shall operate in accordance with the approved dust control plan. The facility shall have
sufficient equipment available to implement appropriate dust control. Additional control measures
shall be implemented as required by the Weld County Health Officer. (Department of Public Health
and Environment)
6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Department of Public Health and Environment)
7. 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. (Department of Public Health and Environment)
8. 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)
9. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
10. 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. (Department of Public Health and Environment)
11. Adequate hand-washing and toilet facilities shall be provided for patrons and employees.
(Department of Public Health and Environment)
12. The facility shall utilize the existing public water supply. (North Weld Water District). (Department
of Public Health and Environment)
13. The applicant shall provide adequate temporary toilet facilities (porta-potties) for individuals
attending special events/competitions. (Department of Public Health and Environment)
14. Off street parking,including the access drive,shall be surfaced with gravel,asphalt,concrete or the
equivalent and shall be graded to prevent drainage problems. Parking on the access drive is not
allowed. (Department of Public Works, Department of Planning Services)
15. No parking or staging of vehicles shall be allowed on Weld County Road 43. Utilize on-site parking
areas. (Department of Planning Services)
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Philip&Patricia Hiddessen
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r% 16. Any proposed structures in drainage areas shall retain water and disburse on the applicants
property through natural drainage ways or disburse into the field. (Department of Public Works)
17. All construction or improvements occurring in the flood plain as delineated on Federal Emergency
Management Agency FIRM Community Panel Map 080266 750C dated September 28, 1982,shall
comply with the Flood Hazard Overlay District requirements of Chapter 23,Article V, Division 3 of
the Weld County Code. (Department of Planning Services)
18. Any disturbance of wetlands shall require the applicant to contact the Army Corps of Engineers
pursuant to Section 404 of the Clean Water Act. (Department of Planning Services)
19. Dogs shall be kept indoors from sunset to sunrise,or in a location that limits the noise from barking
dogs to carry beyond the property boundaries. A bermed area is an example of an area that limits
noise. (Department of Planning Services)
20. The maximum amount of dogs allowed for boarding shall be 50. (Department of Planning Services)
21. Special events shall be limited to 6 per calendar year, as indicated in the application materials.
More then 6 events may be allowed with specific permission from the Weld County Board of County
Commissioners. (Department of Planning Services)
22. Special events shall be allowed from sunrise to sunset and shall be limited to herding competitions
and training seminars as specified in the application materials. (Department of Planning Services)
rtis 23. An Assembly Permit shall be required as outlined in Chapter 12,Article I of the Weld County Code
if the number of people at a special event exceeds 350. (Department of Planning Services)
24. The property owner or operator shall be responsible for complying with the additional requirements
of Section 23-4-400 of the Weld County Code which refers specifically to kennels. (Department of
Planning Services)
25. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240,Weld County Code.
26. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250,Weld County Code.
27. 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.
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.
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.
Resolution USR-1368
Philip&Patricia Hiddessen
Page 3
Motion seconded by Cathy Clamp.
VOTE:
For Passage Against Passage
Michael Miller
Cristie Nickles
Cathy Clamp
John Folsom
Luis Llerena
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 March 5, 2002.
Dated the 5'"of March,2002.
Voneen Macklin
Secretary
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