HomeMy WebLinkAbout20043259.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Doug Ochsner,that the following resolution be introduced for approval by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1486
APPLICANT: Karen & Gerrit Voshel
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot B RE-2723; pt of the W2NW4 Section 28, T9N, R67W of the 6th P.M.,
Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a kennel
(25 dogs) in the A(Agricultural)Zone District.
LOCATION: Approximately 1/4 mile south of CR 102 and east of and adjacent to CR 17.
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 a Kennel as a Use
by Special Review.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The surrounding area is dryland pasture with homes within a quarter
mile of the site. A six (6) lot Planned Unit Development is planned directly west of the site.
Conditions of Approval ensure impact on the existing and future residences will be minimal.
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 does not lie within the referral area for any municipality. In a referral
response dated August 27, 2004, Larimer County indicated no conflict 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 lot 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 applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The site is designated"High
Potential Dry Cropland" by the USDA Soil Conservation Services.
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.
EXHIBIT
2004-3259 1 2
CISR-41484
r
Resolution USR-1486
Gerrit Voshel
Page 2
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. All sheets of the plat shall be labeled USR-1486. (Department of Planning Services)
•
B. 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.Evidence
of Health Services approval shall be submitted to the Department of Planning Services. 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)
C. The application materials indicate that in the future the applicants would like to plant more
trees along the north and south sides of their property as well as surrounding the kennel
areas, house, and barn as windbreaks and sound barriers. The applicant shall submit a
Landscape/Screening Plan which addresses the area surrounding the kennels for review and
approval. (Department of Planning Services)
D. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
2. The existing sign located at the entrance to the site. The sign shall not exceed
sixteen (16) square feet in size. (Department of Planning Services)
3. The approved Landscape/Screening Plan. (Department of Planning Services)
E. 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)
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 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 maps@co.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)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
USR-1486
Karen & Gerrit Voshel
1. The Site Specific Development Plan and Special Use Permit is for a kennel (25 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. Twenty five(25)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)
4. 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)
5. 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)
6. 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,3020100.5,C.R.S.,as amended. (Department of Public Health and Environment)
7. 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)
8. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Health and Environment)
9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health and Environment)
10. 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)
11. Adequate handwashing and toilet facilities shall be provided for invited guests of the facility.
(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 existing water well, permit number 223746, does not allow for a commercial operation or
employees. (Department of Planning Services)
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-1486
Gerrit Voshel
Page 2
16. If applicable, the applicant shall operate in accordance with the requirements of the Colorado
Department of Agriculture, Division of Animal Industry. (Department of Public Health and
Environment)
17. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
18. The access drive to the residence and the kennel area should have adequate gravel of the equivalent
to provide an all-weather access to the facility and should be graded to prevent drainage problems.
(Department of Public Works)
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 building permit shall be obtained prior to the construction of any new building or addition to the
existing building. (Department of Building Inspection)
21. A plan review is required for each building for which a building permit is required. Plans shall include
a floor plan. Plans may be required to 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)
22. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2003 International Building
Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International
Fuel Gas Code; and the 2002 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
23. The building use will probably be classified as B (kennel). Fire resistance of walls and openings,
construction requirements,maximum building height and allowable areas will be reviewed at the plan
review. Setback and offset distances shall be determined by Chapter 23 of the Weld County Code.
(Department of Building Inspection)
24. Building height shall be measured in accordance with the 2003 International Building Code for the
purpose of determining the maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld
County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County
Code in order to determine compliance with offset and setback requirements. Offset and setback
requirements are measured to the farthest projection from the building. (Department of Building
Inspection)
25. The screening and landscaping on site shall be maintained in accordance with the approved
Landscape/Screening Plan. (Department of Planning Services)
26. No employees beyond those living on site shall be allowed. (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.
29. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
30. Weld County Government Personnel 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.
Resolution USR-1486
Gerrit Voshel
Page 3
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
Bruce Fitzgerald
James Rohn
Tonya Stobel
Chad Auer
Doug Ochsner
James Welch
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 November 2, 2004.
Dated the 2n° of November, 2004.
\Vrl(}�"�4
Voneen Macklin
Secretary
II -, -,2toLi
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, November 2, 2004
A regular meeting of the Weld County Planning Commission was held Tuesday 2004, in the Weld County
Department of Planning Services,Hearing Room,91810'"Street,Greeley,Colorado. The meeting wash called
to order by Chair, Michael Miller, at 1:30 p.m. ra- _
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a a
ROLL CALL Fri ! -.:!u
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Michael Miller e:
Bryant Gimlin z=
John Folsom ETA - , : .,
James Welch i1/4_,I a ,_r
James Rohn Absent
Bruce Fitzgerald Absent R.)
Tonya Strobel Absent
Chad Auer
Doug Ochsner
Also Present: Char Davis, Peter Schei, Don Carroll, Sheri Lockman, Michelle Martin, Pam Smith
The summary of the last regular meeting of the Weld County Planning Commission held on October 19,2004,
was approved as read.
CASE NUMBER: USR-1486
APPLICANT: Karen &Gerrit Voshel
�... PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot B RE-2723; pt of the W2NW4 Section 28, T9N, R67W of the 6th P.M.,
Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a kennel
(25 dogs)in the A(Agricultural)Zone District.
LOCATION: Approximately 1/4 mile south of CR 102 and est of and adjacent to CR 17.
John Folsom asked if the Conditions of Approval and Development Standard had been approved by the
applicant. Mr. Morrison indicated that was part of the guidelines for the Consent Agenda.
Doug Ochsner moved to approve. Bryant Gimlin seconded. Motion carried.
CASE NUMBER: PZ-1050
APPLICANT: P &A Turkey Farms Inc
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Part of the NE4 of Section 36, T5N, R65W of the 6th P.M., Weld County,
Colorado.
REQUEST: Planned Unit Development Change of Zone for nine (9) lots with Estate
uses; one (1) common open space outlot (6.369 acres); and two (2)
agricultural outlots (101.106 acres).
LOCATION: South of and adjacent to CR 52; west of and adjacent to CR 49.
Michelle Martin,Department of Planning Services presented Case PZ-1050,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.
Todd Hodges, representative for the applicant, provided clarification on the proposal. This proposal will be in"
for a 9 lot nonurban scale PUD, lot sizes range from 1.5 -2.5 acres. The applicants have entered into a ' 3r -..,
conservation easement with Colorado Open Lands on outlots B&C. This easement will never be built on and r . '-
has been left with water for the sprinkler pivot. Access to the residential lots is proposed from CR 52 and will I ' '�°
be paved. There are existing accesses along CR 49 and CR 52. These serve existing oil and gas uses as I" °
well as agricultural uses on site. There are two oil and gas interests in the area, Patina & Prima. Patina Oil ,!
and Gas has signed off that they have no problem with the proposed development. Prima is very close to r iry 1
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