HomeMy WebLinkAbout20040862.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-1456
APPLICANT: Barbara Schottelkotte
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot 7, Block 20, Aristocrat Ranchettes, Section 27, T2N, R66W of the 6th
P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a kennel
in the A (Agricultural)Zone District.
LOCATION: North of and adjacent to Caroline; approximately 1/8 mile west of Richard
(15337 Caroline).
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.
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 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.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses. The property is located in the Aristocrat Ranchettes
Subdivision, which is a rural/agricultural subdivision. Single family residences with
outbuildings surround the site. Conditions of Approval and Development Standards will
ensure that the use will be compatible with the surrounding area.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development oft he s urrounding a rea a s p ermitted b y the existing zoning a nd 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 but is within the three-mile referral area for the City of Fort Lupton. The City of Fort
Lupton in their referral received December 5, 2003, indicated no conflicts with their
interests.
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)
F. Section 23-2-220.A.6--The site is located in an existing subdivision,Aristocrat Ranchettes
The site consists of approximately one (1) acre and is not compatible for farming. The t
U.S.D.A. Soils Maps indicate that the soils on this property are designated as Other Land. m
2004-0862
Resolution USR-1456
Barbara Schottelkotte
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 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 s ignage p Ian to the W eld County D epartment of
Planning Services. (Department of Planning Services)
2. Prior to recording the plat:
A. The applicant shall provide the Department of Planning Services additional information
regarding the typical daily requirements, including approximate square footage of dog runs,
housing (bedding)and dietary requirements for all animals associated with this application.
(Department of Planning Services)
B. The applicant shall provide the Department of Planning Services with evidence that
appropriate screening has been installed along the north property line or enter into a private
Improvements Agreement according to policy regarding collateral for improvements and post
adequate collateral for a III andscaping and n on-transportation (plant materials, fencing,
screening,water, signage 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
USR plat. (Department of Planning Services)
C. The applicant shall provide the Department of Planning Services with evidence that the
garbage(tires,soda bottles,cans, etc.)on site have been removed. (Department of Planning
Services)
D. The applicant shall schedule the required inspections needed for one of the mobile homes to
be installed (PRS-033042)and the other to be demolished (BCS-030284). Evidence of final
approval from the Department of Building Inspection shall be submitted to the Department of
Planning Services. (Department of Building Inspection)
E. The existing septic system to be used for the proposed mobile home 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 from the Department of Public Health and
Environment shall be provided to the Department of Planning Services. (Department of
Public Health and Environment)
F. The applicant shall submit a manure and stormwater management plan to the Weld County
Department of Public Health and Environment for review and approval. The plan should
describe how manure generated on site will be stored, managed,removed,land applied,etc.
The plan should also describe the fate of any stormwater that may come into contact with
manure. 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)
Resolution USR-1456
Barbara Scholltelkotte
Page 3
G. 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 from the Department of Public Health and Environment s hall be
provided to the Department of Planning Services. (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:
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:
1) The plat shall be labeled USR-1456 (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The approved landscape/screening plan. (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)
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 maps(cco.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)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Barbara Schottelkotte
USR-1456
1. The Site Specific Development Plan and Special Use Permit is for kennel 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. 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)
4. 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)
5. 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)
6. 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)
7. The applicant shall operate in accordance with the approved "waste handling plan". (Department of
Public Health and Environment)
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health and Environment)
9. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
10. Adequate handwashing and toilet facilities shall be provided for sanitary purposes. (Department of
Public Health and Environment)
11. 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)
12. The facility shall utilize the existing public water supply, Aristocrat Ranchettes Water Project.
(Department of Public Health and Environment)
13. The facility shall maintain compliance with the Best Management Practices outlined in the Confined
Animal Feeding Operation Regulations (5 CCR 1002-19). (Department of Public Health and
Environment)
14. 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)(Department of Planning
Services)
15. The Special Use Permit shall not be transferable to any successors in interest to the prescribed
property and shall terminate automatically upon conveyance or lease of the property to others for
operation of the facility. (Department of Planning Services)
Resolution USR-1456
Barbara Schottelkotte
Page 2
16. No employees are permitted. (Department of Planning Services)
17. The kennel shall be limited to twenty-five (25)cats. (Department of Planning Services)
18. Should noxious weeds exist on the property or become established the applicant/landowner shall be
responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld
County Code. (Department of Planning Services)
19. 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)
20. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
21. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
22. Personnel from 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.
23. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all a pplicable Weld C ounty regulations. S ubstantial changes from the plans o r
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.
24. 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 Stephen Mokray
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Tim Tracy
Doug Ochsner
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.
Resolution USR-1456
Barbara Schottelkote
Page 2
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 February 17, 2003.
Dated the 17th of February, 2003.
Voneen Macklin
Secretary
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