HomeMy WebLinkAbout20001327.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:
PLANNER: Sheri Lockman
CASE NUMBER: USR-1269
APPLICANT: Ronald R. & Cathleen Nats
ADDRESS: 14077 Weld County Road 5, Longmont, CO 80504
REQUEST: A Site Specific Development Plan and Special Review Permit for a kennel for the boarding
of dogs and cats(35 dogs, maximum and 5 cats, maximum)in the Agricultural Zone District
LEGAL DESCRIPTION: Part SE4 Section 20, Township 3 North, Range 68 West of the 6th P.M.,
Weld County, Colorado
LOCATION: West of& adjacent to Weld County Road 5 and 200 feet north of State Highway 66
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 24.7 of the
Weld County Zoning Ordinance.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
24.3 of the Weld County Zoning Ordinance as follows:
a. Section 24.3.1.1 -The proposal is consistent with the Weld County Comprehensive Plan.
A.Goal 1 states, "Preserve prime farmland for agricultural purposes which foster the
economic health and continuance of agriculture".The U.S.D.A.soils maps indicate that the
soils on this property are designated "Prime" lands, however, the size of the parcel makes
it undesirable for farming purposes.The conditions of approval and development standards
ensure that this proposal is consistent with the Weld County Comprehensive Plan.
b. Section 24.3.1.2 --The proposal is consistent with the intent of Agricultural Zone District.
Section 31.4.8 of the Weld County Zoning Ordinance provides for kennels in the Agricultural
Zone District, subject to a Use by Special Review Permit and the requirement of Section
45.6 of the Weld County Zoning Ordinance.
c. Section 24.3.1.3 --The uses which would be permitted will be compatible with the existing
surrounding land uses. The surrounding properties are agricultural in use with homes in
close proximity north and south of the site. Conditions of approval and development
standards ensure that the proposed uses will remain compatible with the existing
surrounding land uses.
d. Section 24.3.1.4 --The uses which would 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 the Comprehensive Plan or Master Plans of affected
municipalities.The site is located within the referral boundary area of the Town of Mead and
the City of Longmont. The City of Longmont indicated no conflicts. The Town of Mead did
not respond indicating no conflicts with their interests.
EXHIBIT
I '3 2000-1327
Use #/Zle ° FL l y / 1
RESOLUTION, USR-1269
Ronald and Cathleen Nats
Page 2
e. Section 24.3.1.5 --The application complies with the Weld County Zoning Ordinance,
Section 50,Overlay District Regulations if the proposal is located within the Overlay District
Areas identified by maps officially adopted by Weld County.The site does not lie within any
Overlay District.
f. Section 24.3.1.6 --If the use is proposed to be located in the A-District, that the applicant
has demonstrated a diligent effort has been made to conserve prime agricultural land in the
locational decision for the proposed use. The U.S.D.A. soils maps indicate that the soils
on this property are designated "Prime" lands, however, the size of the parcel makes it
undesirable for farming purposes.
g. Section 24.3.1.7 ---The Design Standards (Section 24.5 of the Weld County Zoning
Ordinance), Operation Standards (Section 24.6 of the Weld County Zoning Ordinance),
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's 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. 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 recording the plats for the required Recorded Exemption and
Subdivision Exemption by the Department of Planning Services. (Dept. of Planning)
2. Prior to recording the plat:
A. The applicant shall submit evidence to the Weld County Department of Planning Services
that the facility has received a permit from the Colorado Department of Agriculture Rules
and Regulations pertaining to the Administration and Enforcement of the Pet Animal Care
and Facilities Act. (Dept. of Public Health)
B. The applicant shall submit evidence that the existing well has been approved by the
Division of Water Resources for a commercial use. (Dept. of Planning)
C. The applicant shall correct the illegal land split. This may be completed by a Recorded
Exemption and a Subdivision Exemption or another method approved by the Weld County
Department of Planning Services. (Dept. of Planning)
D. The applicant shall comply with requirements from the Mountain View Fire Protection
District as indicated in a referral dated April 18, 2000. Evidence of approval shall be
submitted to the Weld County Department of Planning Services. (Mountain View Fire
Protection District)
E. The applicant shall submit a copy of an agreement with the ditch operators/owners
stipulating that all concerns of the ditch have been adequately addressed or submit
evidence that reasonable accommodations have been made. ( Dept. of Planning)
RESOLUTION, USR-1269
Ronald and Cathleen Nats
Page 3
F. The applicant shall apply for a building permit for the kennel. The building will be required
to meet Weld County Building Inspection criteria as listed in a referral dated April 12,2000.
If the Weld County Building Inspection Department determines no building permit is
necessary, evidence shall be submitted to the Weld County Department of Planning
Services. (Dept. of Building Inspection)
G. The Environmental Health Services Division was unable to locate a septic permit for the
septic system serving the existing structure. The septic system 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 Weld County Department of Public
Health and Environment approval shall be submitted to the Weld County Department of
Planning Services (Dept. of Public Health)
H. The plat shall be amended to include the following:
1) Weld County Road 5 is designated on the Transportation Plan Map as a collector
status road, which requires 80 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way. A total of 40 feet from the centerline of Weld
County Road 5 shall be delineated on the plat as right-of-way reservation for future
expansion of Weld County Road 5 . This road is maintained by Weld County.
(Dept. of Public Works)
2) The type of fencing materials being used to screen the site. (Dept. of Planning)
3) A traffic circulation that is one way in and one way out of the site. (Dept. of Public
Works)
3. 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. (Dept. of Planning)
Motion seconded by Stephen Mokray.
VOTE:
For Passage Against Passage
Cristie Nicklas
John Folsom
Michael Miller
Bryant Gimlin
Stephen Mokray
Cathy Clamp
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-1269
Ronald and Cathleen Nats
Page 4
CERTIFICATION OF COPY
I, Trisha Swanson, 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 16, 2000.
Dated the 161° of May, 2000.
Trisha Swanson
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Ronald and Cathleen Nats
USR-1269
1. The Site Specific Development Plan and Special Use Permit is for a kennel for the boarding of dogs
and cats (35 dogs, maximum and 5 cats, maximum) in the Agricultural Zone District, as indicated
in the application materials on file in the Department of Planning Services and subject to the
Development Standards stated hereon. (Dept. of Planning)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance. (Dept. of Planning)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-101, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Dept. of Public Health)
4. No permanent disposal of wastes shall be permitted at this site. (Dept. of Public Health)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Dept. of Public Health)
6. Fugitive dust shall be controlled on this site. (Dept. of Public Health)
7. The maximum permissible noise level shall not exceed the residential limit of 55 db(A)as measured
according to 25-12-102, C.R.S. (Dept. of Public Health)
8. If applicable, the applicant shall obtain a Storm Water Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division. (Dept. of Public
Health)
9. The facility shall utilize the existing well. (Dept. of Public Health)
10. Bottled water shall be available to clients. (Dept. of Public Health)
11. The facility shall maintain a permit from and comply with the United States Department of
Agriculture Rules & Regulations Pertaining to the Administration and Enforcement of the Pet and
Animal Care and Facilities Act. (Dept. of Public Health)
12. Animal and food wastes, bedding,debris and other organic wastes shall be disposed of in a manner
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.
(Dept. of Public Health)
13. One-way signs shall be posted at the entrance and exit to the site. (Dept. of Public Works)
14. Dogs shall be kept indoors between 9:00 p.m. and 7:00 a.m. (Dept. of Planning)
15. The property owner or operator shall be responsible for complying with the Design Standards of
Section 24.5 of the Weld County Zoning Ordinance.
16. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 24.6 of the Weld County Zoning Ordinance.
17. Personnel from the Weld County Departments of Public Health and Environment and Planning
Services 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.
18. 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.
19. 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.
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