HomeMy WebLinkAbout20041875.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin,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-1472
APPLICANT: Steve &JoJo Pomeroy/Wes Moser Inc
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot A of RE-2574; pt S2NE4 Section 33, T3N, R65W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for a kennel
(60 dogs maximum) in the A(Agricultural)Zone District
LOCATION: West of and adjacent to CR 43, approximately'A mile south of CR 28.
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 consists of
approximately 6.38 acres and 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 Lot A of Recorded Exemption RE-2574 located on a
dry corner. There is an existing home with outbuildings on the site. A tank battery is located
on the south side of the property. The surrounding area is primarily agricultural in nature.
There is a single family dwelling with outbuildings across the street to the east of 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 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 or other overlay districts and is not located within three miles of any municipalities.
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 consists of approximately six(6)acre 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.
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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 anc
Development Standards ensure that there are adequate provisions for the protection of
2004-1875
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Resolution USR-1472
Pomeroy
Page 2
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 scheduling a 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)
2. Prior to recording the plat:
A. All sheets of the plats shall be labeled USR-1472 (Department of Planning Services)
B. The Platte Valley Soil Conservation District has provided information regarding the soils on
the site in the referral received April 7, 2004. The applicant shall review the information and
use it to positively manage on site soils. (Department of Planning Services)
C. The applicant shall obtain a building permit for the existing garage, for change of use, to
insure the building is consistent with building codes as stated in the referral received April 12,
2004 from the Weld County Building Inspection. Evidence of approval shall be submitted to
the Department of Planning Services. (Building Inspection)
D. The applicant shall submit to the Department of Planning Services and the Department of
Public Works justification for the need for the existing multiple access points. The submitted
information shall be reviewed in accordance with Chapter 8,Article II and Chapter 24,Article
II, Section 24-8-40 of the Weld County Code. (Department of Planning Services)
E. The applicant shall have the existing septic system permit reevaluated by a Professional
Engineer and the septic permit be amendedfor commercial uses. Evidence of approval shall
be submitted to the Department of Planning Services. (Department of Public Health and
Environment)
F. The applicant shall submit evidence to the Department of Planning Services, from the
Colorado Division of Water Resources,demonstrating that the well is appropriately permitted
for the commercial use. (Department of Public Health and Environment)
G. In the event that 1 or more acres are disturbed during the construction and development of
this site, the applicant shall inquire with the Water Quality Control Division (WQCD) of the
Colorado Department of Public Health and Environment if they are required to obtain a storm
water discharge permit. Alternately, the applicant can provide evidence from WQCD that
they are not subject to these requirements. (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
Resolution USR-1472
Pomeroy
Page 3
Services. (Department of Public Health and Environment)
The applicant shall attempt to meet with the Weld County Sheriffs office to discuss"Crime
Prevention Through Environmental Design". This program reduces the likelihood of criminal
activity at a specific location by"hardening" it to crime. (Sheriffs Office)
J. The applicant shall provide additional information to the Department of Building Inspection
stating how the garage conversion is to be accomplished, and what if any, additional
requirements shall be met prior to operation. Written evidence of compliance with these
requirements shall be submitted to the Department of Planning Services. (Department of
Planning Services)
K. The application materials state that the facility will be for up to sixty (60) dogs of an
unspecified breed and or size. The applicant shall provide evidence from the appropriate
authority stating that the size of the circular dog"turn-outs"is of an appropriate dimension to
accommodate the spatial requirements for the dogs. (Department of Planning Services)
L. Given the lack of water for irrigation on this property, the Department of Planning Services
requests that a ground cover be established to limit erosionary processes, i.e.,wind, water
and snow pack melt. Evidence of such a method shall be submitted to the Department of
Planning Services for review and approval. (Department of Planning Services)
M. The application materials further state there will be no outside storage once the facility is
operational.The applicant shall submit documentation as to how the outside storage will be
screened during the construction period. (Department of Planning Services)
N. The applicant shall obtain a written approval from the Platteville / Gilcrest Fire Protection
District stating that the facility is in compliance with the Fire Code. (Department of Planning
Services)
O. 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.B.7 of the Weld Count Code. (Department of Planning
Services)
P. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
2. 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 be drawn to a scale of one inch equals twenty feet (1" =20').
3. 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)
4. 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)
5. County Road 43 is designated on the Weld County Classification Plan as a local
gravel road,which requires a 60-foot right-of-way at full build out. There is presently
60-foot right-of-way. A total of 30 feet from the centerline of County Road 43 shall
be delineated right-of-way on the plat. This road is maintained by Weld County.
(Department of Public Works)
6. All approved accesses shall be clearly shown on the plat. (Department of Public
Works)
Resolution USR-1472
Pomeroy
Page 4
7. 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)
8. The applicant shall identify employee and customer parking on the plat.
(Department of Public Works)
9. The parking area shall be delineated on the plat with at a minimum nine parking
spaces,one of which should meet the intent of the American's with Disabilities Act.
(Department of Planning Services)
Q. 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)
R. The applicant shall enter into an Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for all transportation (access drive,
parking areas,etcetera)and non-transportation(plant materials,fencing,screening,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 Site Plan Review 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. 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(a)co.weld.co.us. (Department of Planning Services)
5. Prior to the release of Building Permits:
A. The set back and offsets shall be verified given the existing proposed site conditions,
specifically addressing the elevated display areas. Written evidence of compliance
shall be submitted to the Department of Planning Services. (Department of Planning
Services)
6. Prior to the issuance of the Certificate of Occupancy:
A. The septic system serving the"existing single family residence"shall be reevaluated
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)
B. The garage conversion needs to be reviewed and approved by the Department of
Building Inspection. (Department of Planning Services)
7. 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
Steve &JoJo Pomerory/Noah's Bark
USR-1472
1. The Site Specific Development Plan and a Special Review Permit for a Kennel (60 dogs of a non-
specific breed)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 Plan.
(Department of Planning Services)
4. The site shall be limited to no more than five (5)employees 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. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health and Environment)
12. 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)
13. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility.
(Department of Public Health and Environment)
14. 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)
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 and
Environment)
Resolution USR-1472
Pomeroy
Page 2
16. The operation shall comply with all applicable rules and regulations from the Weld County Code,Air
Pollution Control Division, Water Quality Control Division, PACFA and the Colorado Department of
Labor and Employment. (Department of Public Health and Environment)
17. The hours of operation shall be Monday - Friday 7:00am - 7:00pm; Saturday- Sunday 8:00am -
7:00pm and Holidays will follow the same as the weekend hours included in the application
18. 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)
19. 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)
20. A plan review is required for any additional buildings. Plans shall 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)
21. Buildings shall conform to the requirements of the various codes adopted at time of permit
application. Currently,the following has been adopted by Weld County: 2003 International Plumbing
Code, 2002 National Electrical Code and Chapter 29 of the Weld County Code. (Department of
Building Inspection)
22. Each building will require an engineered foundation based on a site-specific geotechnical report or an
open hole inspection preformed by a Colorado registered engineer. Engineered foundations shall be
designed by a Colorado registered engineer. (Department of Building Inspection)
23. Building height, setbacks, and offset distance shall be determined by the Weld County Code.
Separation of buildings and mixed occupancy classifications shall be in accordance with Table
302.3.3 2003 International Building Code. (Department of Building Inspection)
24. 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)
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 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.
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-1472
Pomeroy
Page 3
Motion seconded by Stephen Mokray
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Tonya Strobel
Chad Auer
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.
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 May 18, 2004.
Dated the 18th of May, 2004.
\)0(1_2 a- 1—)
Voneen Macklin
Secretary
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CASE NUMBER: USR-1472
APPLICANT: Steve &JoJo Pomeroy/Wes Moser Inc
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot A of RE-2574; pt S2NE4 Section 33, T3N, R65W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for a kennel
(60 dogs maximum of a non specific breed) in the A(Agricultural)Zone
District
LOCATION: West of and adjacent to CR 43, approximately 1/2 mile south of CR 28.
Jacqueline Hatch, Department of Planning Services presented Case USR-1472, reading the
recommendation and comments into the record. The Department of Planning Services (DPS) is
recommending approval of the application along with the Conditions of Approval and Development
Standards. DPS is recommending changes to the conditions that include:
1. Delete 2. E on Page 4 - The applicant shall have the existing septic system permit reevaluated by
a Professional Engineer and the septic permit be amended for commercial uses. Evidence of
approval shall be submitted to the Department of Planning Services. (Department of Public
Health and Environment)
2. Add a new condition under prior to recording the plat -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. (Department of Public Health and Environment)
3. Correct 2.O on page 5 referrers to section 23-2-250.B.7 and should actually read 23-3-250.8.7
Bryant Gimlin asked about the conditions requiring a 51b fire extinguisher, is this appropriate? Ms. Hatch
stated it was in the referral from the fire district. It could be taken out and the statement added that the
applicant must respond to the fire district referral. Mr. Gimlin (inaudible). Ms. Hatch asked if the
suggestion was to add a comment under Prior to Recording the Plat the applicant should submit written
evidence that the concerns of the fire district have been met. Mr. Gimlin also asked about hours of
operation. Ms. Hatch indicated the applicants did not propose any hours. Mr. Gimlin indicated the
applicants stated their hours of operation were 7:00am - 7:oopm Monday-Friday and 8:00-7:00 Saturday
and Sunday. Ms. Hatch stated that could be added as a Development Standards.
John Folsom asked if the surrounding property owner who wrote the letter was close to the operation of
the kennel. Ms. Hatch stated that there is a home across the street. Ms. Hatch stated she was unaware
of the location of the surrounding property owner. Mr. Folsom asked about the noise level being
commercial with residences in the area, they will be affected. The maximum level should be of a
residential level.
Sharon Frazer, applicant representative, provided clarification on the project. The applicants do not have
an issue with the request for the fire extinguisher from the referral. Ms. Frazer indicated that Mr. Cannon
owns property on three sides but there is no residence. The area is farmground. The closest residence is
to the southeast and they have no concerns but would like to see a privacy fence which the applicants are
proposing. This application is for a dog care kennel and facility, the applicants existing kennel in Superior
is clean and well kept. A letter from the Department of Agriculture indicating that routine inspections have
been done and there are no violations pending. There is an existing residence on site and improvements
to the site include renovating the garage and in the future the applicant is proposing to erect 30x60 pole
style building, 6-7 kennel runs with a build out of 12 maximum. There will be no outside storage on the
property. The owners will be the only ones on site with the possibility of five employees in the future as the
business grows. All dogs will be brought inside by sunset and in general drop off and pick up is staggered
so there will be no rush of vehicles. A permit has been submitted to change the well to commercial uses
and have received a response from the State that it is being processed. The septic system has been re-
engineered to meet the requirements of the Health Department. The system will be installed upon Board
of Health Approval.
James Rohn asked where the customers for this type of application will come from? Lauren Light
indicated that the existing clients will follow them.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Delmer Walter, neighbor, indicated his concerns with the noise of the barking dogs at nights and the
possibility that this will devalue the land. The Walters do not believe this use is agriculture in nature and
are opposed to this application.
The Chair Closed the public portion.
Bryant Gimlin asked about the noise level. Ms. Frazer indicated that the dogs are brought in at sunset and
are not let out again until morning.
James Rohn asked what the decibel reading for Commercial was? Ms. Davis indicated that level would
be comparable to an air condition unit at 20 feet. The residential level is comparable to light auto traffic at
100 feet or a private business office. Mr. Rohn asked if the building was insulated? Ms. Frazer stated this
is an existing garage that will need to be updated to meet the concerns of the Health Department and
Building Inspection.
Bryant Gimlin moved to accept staffs recommended changes regarding the fire extinguisher requirement.
Bruce Fitzgerald seconded. Motion carried.
Bryant Gimlin moved to delete 6B and Development Standard #17. Stephen Mokray seconded. Motion
carried.
Bryant Gimlin moved to add a Development Standards and renumber accordingly to include the hours of
operation to be Monday- Friday 7:00am -7:00pm; Saturday-Sunday 8:00am - 7:00pm and Holidays will
follow the same as the weekend hours included in the application. Stephen Mokray seconded. Motion
carried.
Bryant Gimlin moved that Case USR-1472, along with the amendments, be forwarded to the Board of
County Commissioners along with the Conditions of Approval and Development Standards with the
Planning Commissions recommendation of approval. Stephen 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; Michael Miller, yes; Bryant Gimlin, yes; James Rohn, yes; Tonya
Strobel, yes; Doug Ochsner, yes; Bruce Fitzgerald, yes; Chad Auer, yes. Motion carried unanimously.
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