HomeMy WebLinkAbout20040563.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-1451
APPLICANT: Ralph & Barbara May
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot 6, 2nd replat of Lots 5 & 6, Apollo Subdivision; part of the N2 NE4 of
Section 19, T1 N, R65W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a dog kennel
in the A(Agricultural)Zone District.
LOCATION: West of and adjacent to CR 39; approximately 600 feet south of CR 8.
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 designated for the
kennel 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 Apollo
Subdivision, which is a rural/agricultural subdivision. A single family residence
with outbuildings is located to the north, cropland is located to the east and west
of the property, and a single family residence and outbuildings is located to the
south. 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 but is within the three-mile referral area for
the Towns of Hudson and Lochbuie and the City of Brighton. The Town of
Hudson, in their referral received November 12, 2003, indicated no conflicts with
their interests. No referral responses have been received from the Town of
Lochbuie and the City of Brighton. 4* tern
E. Section 23-2-220.A.5 --The site does not lie within any Overlay Districts.
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1. Effective January 1, 2003, Building Permits issued on the proposed lots
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will be required to adhere to the fee structure of the County Road Impact
Program. (Ordinance 2002-11)
2004-0563
Resolution USR-1451
Ralph May
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 front quarter of the property is designated as "prime" farmground per the
1979 USDA Prime Farmlands Map of Weld County. However, the location of
existing improvements and size of the existing lot(10 acres) makes it impractical
to farm on this site.
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 signage plan to the Weld County Department of
Planning Services. (Department of Planning Services)
2. Prior to recording the plat:
A. The plat shall be labeled USR-1451 (Department of Planning Services)
B. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
2. A total of 30-feet from the Centerline of County Road 39 shall be indicated as
right-of-way for County Road 39. (Department of Public Works)
3. Two parking spaces shall be delineated on the plat for the general public.
Parking spaces shall meet the design requirements of Appendix 23-A of the Weld
County Code and at least one space shall meet the intent of the Americans with
Disabilities Act standards. (Department of Planning Services)
4. The approved Landscape and Screening Plan. (Department of Planning
Services)
C. Justification for the third access point shall be submitted to the Department of Public
Works. A written response from the Department of Public Works regarding the third
access point shall be provided to the Department of Planning Services. If required the
access shall be removed. (Department of Public Works)
D. The septic system serving the Haynes 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 Health Department approval shall be provided to the
Department of Planning Services. (Department of Public Health and Environment)
Resolution USR-1451
Ralph May
Page 3
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 such 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 and
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). (Department of Public Health and
Environment)
Evidence of Health Department approval shall be submitted to the Department of
Planning Services.
G. The applicant shall address the requirements of Department of Planning Services as
stated in the referral received October 20, 2003. Written evidence of such shall be
submitted to the Department of Planning Services. (Department of Planning Services)
H. A new building permit shall be submitted for the building for which building permit#
BP40152 was issued to conduct inspections of the building. Evidence that the building
permit has been applied for shall be submitted to the Department of Planning Services.
(Department of Building Inspection)
A building permit shall be applied for and approved by the Department of Building
Inspection for the kennel facility. Evidence that the building permit has been finaled shall
be provided to the Department of Planning Services. (Department of Building Inspection)
(check with Jeff Reif—is a building permit required for this?—show him picture.)
J. The applicant shall submit a Landscape and Screening Plan for review and approval by
the Department of Planning Services. The Landscape and Screening Plan shall address
screening of neighboring properties (specifically the property to the north). (Department of
Planning Services)
K. The applicant shall provide justification to the Department of Planning Services that the
accessory Mobile Home approved under ZPMH-1484 is still being used as approved
under ZPMH-1484. A completed non-conforming use application shall be submittec to the
Department of Planning Services for this mobile home. (Department of Planning
Services)
L. 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 of such shall be submitted to the Department of Planning Services.
(Department of Planning Services)
M. 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)
Resolution UR-1451
Ralph May
Page 4
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 mapseco.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
Ralph & Barbara May
USR-1451
1. The Site Specific Development Plan and Special Use Permit is for a kennel (not to exceed 10 adult
dogs (6 months and older)) 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. Dogs within this kennel facility shall be limited to a weight of 20(twenty)pounds or less. (Department
of Planning Services)
4. Dogs shall be kept indoors from sunset to sunrise, or in a location that prevents the noise from
barking dogs to carry beyond the property boundaries. (Department of Planning Services)
5. Ten (10) is the maximum number of adult dogs allowed on the site at any one time. Dogs over the
age of six(6)months are counted in the maximum number of adult dogs in accordance with Section
23-1-90 of the Weld County Code. (Department of Planning Services)
6. The number of employees for the kennel shall be limited to three (3)family members as outlined in
the application. (Department of Planning Services)
7. Hours of operation for the kennel facility shall be from 8:00 A.M. to 5:00 P.M. as stated in the
application materials. (Department of Planning Services)
8. Meetings with customers to buy/sell dogs and puppies shall be by appointment only as stated in the
application materials. (Department of Planning Services)
9. 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)
10. 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, 30-20-200.5, C.R.S. (Department of Public Health and Environment)
11. 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)
12. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health and Environment)
13. 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)
14. 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 of by a commercial hauler. (Department of
Public Health and Environment)
15. The facility shall operate in accordance with the approved "waste handling plan". (Department of
Public Health and Environment)
Resolution USR-1451
Ralph May
Page 2
16. Adequate hand washing and toilet facilities shall be provided for visitors of the facility.(Department of
Public Health and Environment)
17. 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)
18. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
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 stormwater run-off. (Department of Public Works)
20. Buildings shall conform to the requirements of the codes adopted at the time that permits are applied
for. Current adopted codes include the 1997 Uniform Building Code, 1998 International Mechanical
Code, 1997 International Plumbing Code,2002 National Electrical Code and Chapter 29 of the Weld
County Code. (Weld County Intends to adopt the 2003 International Building, Residential,
Mechanical, Plumbing and Fuel Gas Codes on February 1,2004).(Department of Building Inspection)
21. Building height,wall and opening protection and separation of buildings of mixed occupancy shall be
in accordance with the codes adopted at the time of the permit application. Setback and offset
distances shall be determined by Chapter 23 of the Weld County Code. (Department of Building
Inspection)
22. 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. (Department of Planning Services)
23. Effective December 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the County Wide Road Impact Program. (Department of Planning Services)
24. The landscaping on site shall be maintained in accordance with the approved Landscape and
Screening Plan. (Department of Planning Services)
25. The existing mobile home serving as employee housing for the kennel facility shall remain on a
temporary foundation and shall be removed upon sale or lease of the property/residence to outside
groups or individuals. (Department of Planning Services)
26. 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)
27. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
28. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
29. The property owner or operator shall be responsible for complying with Section 23-4-400, Weld
County Code.
Resolution USR-1451
Ralph May
Page 3
30. 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.
31. 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.
32. 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 Bryant Gimlin
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.
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 December 16, 2003.
D ted the 16th of December, 2003.
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Voneen Macklin
Secretary
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