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Home My WebLink About20163822.tiffBEFORE THE WELD COUNTY. COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Jordan Jemiola, that the following resolution be introduced for denial by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: APPLICANT: PLANNER. REQUEST: LEGAL DESCRIPTION LOCATION: USR16-0038 R 16-0038 RICHARD MARTINEZ. C/O FUREVER DOG RESCUE & BOARDING. C/O DEBBIE LINDER DIANA AUNGST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A KENNEL (RESCUE AND BOARDING OF 32 ANIMALS. BOTH DOGS AND CATS) IN THE A (AGRICULTURAL) ZONE DISTRICT LOT 2 BLOCK 12 ARISTOCRAT RANCHETTES INC: PART OF SECTION 27, T2N, R66W OF THE 6TH P.M.. WELD COUNTY. COLORADO. EAST OF ADJACENT TO WOODRUFF STREET AND SOUTH OF AND ADJACENT TO MORRIS AVENUE. be recommended unfavorably 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 not shown compliance with Section 23- 2-220 of the Weld County Code as follows: A. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the 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. Should the Board of County Commissioners approve the proposal, the Planning Commission recommends the following conditions: 1. Prior to recording the map: A. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR16-0038. (Department of Planning Services) 2) The attached Development Standards. (Department of Planning Services) 3) The map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4) The applicant shall delineate on the map the trash collection areas. Section 23 3 350.H of the Weld County Code addresses the issue of trash collection areas. (Department of Planning Services) 5) The map shall delineate the existing landscaping. (Department of Planning Services) 6) The map shall delineate the lighting (Department of Planning Services) 7) All signs shall be shown on the map. (Department of Planning Services) 8) The map shall delineate the parking area. (Department of Planning Services) got to RESOLUTION USR16-0038 RICHARD MARTINEZ. C/O FUREVER DOG RESCUE & BOARDING, C/O DEBBIE LINDER PAGE 2 9) Morris Avenue is a gravel road and is designated on the Weld County Road Classification Plan as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge of right-of- way. This road is maintained by Weld County. (Department of Public Works) 10) Woodruff Street is a gravel road and is designated on the Weld County Road Classification Plan as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge of right-of- way. This road is maintained by Weld County. (Department of Public Works) 11) Show and label the approved access. and the appropriate turning radii on the site plan. (Department of Public Works) 12) The applicant shall show the drainage flow arrows. (Department of Planning Services -Engineer) 13) Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Planning Services -Engineer) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty (120) 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. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. a $50.00 recording continuance charge shall added for each additional three (3) month period. (Department of Planning Services) 4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp..shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N. WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet).... etc.). This digital file may be sent to maps(a�co.weld.co.us. (Department of Planning Services) 5. The Use by Special Review activity shall not occur. nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. (Department of Planning Services) Motion seconded by Cherilyn Barringer. VOTE: For Denial Bruce Johnson Bruce Sparrow Cherilyn Barringer Jordan Jemiola Joyce Smock Michael Wailes Terry Cross Tom Cope Gene Stille Against Denial Absent RESOLUTION USR16-0038 RICHARD MARTINEZ, C/O FUREVER DOG RESCUE & BOARDING. C/O DEBBIE LINDER PAGE 3 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, Kristine Ranslem, 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 6, 2016. Dated the 6'h of December. 2016 Kristine Ranslem Secretary SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Richard Martinez c/o Debbie Linder USR16-0038 A Site Specific Development Plan and Use by Special Review Permit. USR16-0038, for a kennel (rescue and boarding 32 animals both dogs and cats) in the A (Agricultural) Zone District. 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 number of on -site employees shall be 2. (Department of Planning Services) 4. The hours of operation are 4:00 p.m. to 8:00 p.m. Monday through Friday, 9:00 a.m. to 8:00 p.m. on Saturday. and Sunday by appointment. (Department of Planning Services) 5. The parking area on the site shall be maintained. (Department of Planning Services) 6. All signs shall adhere to Chapter 23, Article IV. Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 7. The existing landscaping on the site shall be maintained. (Department of Planning Services) 8. Dogs shall be kept indoors between 7:00 p.m. and 7.00 6:00 a.m. (Department of Planning Services) 9. Maximum of 32 animals on site, both dogs and cats. Dogs over the age of six (6) months are counted towards the maximum numbers described above in accordance with Section 23-1-90 of the Weld County Code. (Department of Planning Services) 10. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II. of the Weld County Code. (Department of Public Works) 11. The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Public Works) 12. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 13. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning Services -Engineer) 14. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act. Section 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) 15. 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, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment) 16. 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. The applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and Environment) RESOLUTION USR16-0038 RICHARD MARTINEZ, C/O FUREVER DOG RESCUE & BOARDING, 0/O DEBBIE LINDER PAGE 5 17. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment) 18. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25 12 103 C.R.S. (Department of Public Health and Environment) 19. Adequate drinking, hand washing and toilet facilities shall be provided for employees, volunteers and the public. at all times. For employees, public or volunteers on site for less than 2 consecutive hours a day. and 2 or less full time employees on site. portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and Environment) 20. In the event the applicant intends to utilize the existing septic system at the home (G19910280) for business use, the septic system shall be reviewed by a Colorado Registered Professional Engineer if the usage exceeds 4 people. The review shall consist of observation of the system and a technical review describing the system's 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) 21. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to On -site Wastewater Treatment Systems. A permanent. adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 22. 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. (Department of Public Health and Environment) 23. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division of Animal Industry regulations. (Department of Public Health and Environment) 24. 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) 25. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in accordance with the map. Neither the direct. nor reflected. light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as. traffic control devices. (Department of Planning Services) 26. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the following has been adopted by Weld County 2012 International Codes. 2006 International Energy Code: 2014 National Electrical Code; A building permit application must be completed and two complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A geotechnical engineering report performed by a registered State of Colorado engineer shall be required or an open hole inspection. (Department of Building Inspection) 27. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. RESOLUTION USR16-0038 RICHARD MARTINEZ, C/O FUREVER DOG RESCUE & BOARDING, C/O DEBBIE LINDER PAGE 6 28. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment 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 Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations_ 29. The Use by 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. 30. 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. 31. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources. including, but not limited to, sand and gravel. oil, natural gas. and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy: (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 32. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife. lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts. including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports. legal hazing of nuisance wildlife: and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102. C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be. the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County. property owners and residents must realize they cannot take water from irrigation ditches, lakes. or other structures. unless they have an adjudicated right to the water. RESOLUTION USR16-0038 RICHARD MARTINEZ, C/O FUREVER DOG RESCUE & BOARDING, C/O DEBBIE LINDER PAGE 7 Weld County covers a land area of approximately four thousand (4.000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3.700) miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County. and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance. and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies County gravel roads. no matter how often they are bladed. will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity. be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment. ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic. sandburs. puncture vines, territorial farm dogs and livestock. and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. �C tvbkluTES tt—to— t� SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday. December 6. 2016 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building. Hearing Room. 1150 O Street, Greeley. Colorado. This meeting was called to order by Chair, Bruce Sparrow. at 12:30 pm. Roll Call. Present: Bruce Johnson, Bruce Sparrow, Cherilyn Barringer, Gene Stille. Jordan Jemiola, Joyce Smock, Michael Wailes. Terry Cross, Tom Cope. Also Present: Diana Aungst. Department of Planning Services; Hayley Balzano, Department of Planning Services — Engineering Division: Lauren Light. Department of Health: Evan Pinkham, Public Works: Bob Choate. County Attorney, and Kris Ranslem, Secretary. Motion: Approve the November 15, 2016 Weld County Planning Commission minutes. Moved by Tom Cope. Seconded by Joyce Smock. Motion passed unanimously. CASE NUMBER: APPLICANT. PLANNER: REQUEST LEGAL DESCRIPTION LOCATION USR16-0038 RICHARD MARTINEZ CIO FUREVER DOG RESCUE & BOARDING. C/O DEBBIE LINDER DIANA AUNGST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A KENNEL (RESCUE AND BOARDING OF 32 ANIMALS BOTH DOGS AND CATS) IN THE A (AGRICULTURAL) ZONE DISTRICT LOT 2 BLOCK 12 ARISTOCRAT RANCHETTES INC: PART OF SECTION 27, T2N. R66W OF THE 6TH P.M., WELD COUNTY COLORADO EAST OF ADJACENT TO WOODRUFF STREET AND SOUTH OF AND ADJACENT TO MORRIS AVENUE Diana Aungst, Planning Services. presented Case USR16-0038. reading the recommendation and comments into the record. Ms. Aungst noted that one letter of objection was received concerning noise and humane treatment of the animals. She added that one letter was received in support of the request. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Evan Pinkham, Public Works. reported on the existing traffic and access to the site. Hayley Balzano, Engineering, reported on the drainage conditions for the site. Lauren Light. Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control. and the Waste Handling Plan. Debbie Linder. 7894 Woodruff Street. Fort Lupton. Colorado, stated that most of the dogs are from the City of Fort Lupton as she works with the animal control officer. Additionally. she works with Adams County Animal Shelter as well as other agencies that need help. She provides vaccinations prior to adoption of any animal. Ms. Linder requested amending Development Standard 8 to change the hours that the dogs be kept indoors between 7 pm and 6 am as she is required to be at her job at 7 am. Commissioner Jemiola asked who watches the dogs when Ms. Linder is at work. Ms. Linder said that the dogs are in dog runs or in crates in the house Mr. Jemiola asked what happens when they escape from the property. Ms. Linder said that she has two senior dogs that are outside during the day and there are lids on top of the runs so they shouldn't be able to escape_ Ms. Barringer asked how she markets that she has dogs available and how many dogs are currently on the property. Ms. Linder said that she posts the dogs on Facebook and added that she currently has three (3) personal dogs and five (5) other dogs on site. Ms. Barringer clarified if there is anyone on site during the EXHIBIT 1 1D D Lac( %V day. Ms Linder said that she works for the County so she gets a lot of days off as well as vacation days that she takes to take care of the animals. Commissioner Sparrow expressed concern for the neighbors and the dogs barking since there is no one on site during the day. Ms Linder said that she is having problems with the contractor who is setting up the dog runs: however the dogs will have indoor/outdoor dog runs. She added that currently the two senior dogs are the only ones that go outside during the day_ Commissioner Wailes indicated that "there will be" in several answers in the application and he is concerned that the property is not currently ready to handle 32 animals. Ms. Linder said that she cannot handle them until the dog kennels are completed. She added that the play yard is completed and ready. Commissioner Wailes asked how long the applicant has been operating the rescue. Ms. Linder said that she has rescued dogs for about one and one half years. He asked how long the dogs are typically located on site Ms. Linder said that it could take one week to one month to find homes for them. She added that her two senior dogs have been there six (6) months. The Chair asked if there was anyone in the audience who wished to speak for or against this application. David Freyta. 7933 Woodruff Street, stated that he lives across from the subject site. He said that he doesn't believe this is a good site for a dog kennel as it is surrounded by residential properties. He is concerned with dogs escaping and added that there is a school bus stop on the corner and is afraid it may be a safety issue. He is very concerned with the constant barking. Steve Jones, 7843 Woodruff Street. stated that he agrees with Mr. Freyta's comments. He is concerned with animal safety and asked what would happen if there is a fire and no one is home. Additionally. the safety of the children at the school bus stop when the dogs are loose is a large concern. He added that the dogs have been in his yard several times. He also stated that his property has been mistaken for the dog rescue Ms. Linder stated that after the community meeting she moved the dogs that were on the side of the house over to where they will be. Therefore the dogs are not on the neighbors' side of the house anymore. She has noticed that some of her rescue people have gone to the neighbors: therefore she plans to put up a sign to eliminate that. Ms. Linder stated that she doesn't allow anyone to come late at night and prefers that they come to see the animals during the daylight. Commissioner Cope asked staff if it is required to have management or someone at a facility like this. Ms Aungst replied that it is not a County requirement to have anyone on site. Motion: Amend Development Standard 8 to read -Dogs shall be kept indoors between 7 00 pm and 6:00 am Moved by Bruce Johnson. Seconded by Michael Wailes. Motion carried unanimously. The Chair asked the applicant if she has read through the amended Development Standards and Conditions of Approval and if she is in agreement with those_ The applicant replied that she is in agreement. Motion: Forward Case USR16-0038 to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of denial. Moved by Jordan Jemiola. Seconded by Cherilyn Barringer. Vote: Motion carried by unanimous roll call vote (summary: Yes = 9). Yes: Bruce Johnson, Bruce Sparrow, Cherilyn Barringer. Gene Stille. Jordan Jemiola, Joyce Smock, Michael Wailes, Terry Cross. Tom Cope. Commissioner Jemiola cited Sections 23-2-220.A.3 and 23-2-220.A.7 and added that it is not compatible with the existing surrounding land uses and there are no adequate provisions for the protection of health, safety and welfare of the inhabitants of the neighborhood. Commissioner Cross said that he feels like the applicant may not be far enough along in the process of having the facility ready to take care of the number of animals she is requesting. He believes that the applicant has a chance of being successful if the facility is built for more compatibility and safety. 2 Commissioner Cope said that the idea is admirable: however he feels it is the wrong time and the wrong location as well as inadequate provisions at this time Commissioner Barringer commended the applicants passion but just because you can doesn't mean you should. She added that there are so many other ways to use your resources to help these dogs. Commissioner Wailes echoed Commissioner Jemiola's citation of the Weld County Code He said that the applicant's intentions are golden and agrees with Ms. Barringer's comments. He added that he would love to see the applicant be successful; however he doesn't feel she is ready to operate it at the scale she wants to and that poses a problem for the animals, the applicant and the community_ He encouraged the applicant to phase the plan until she is ready for the full build -out Commissioner Smock said that having a facility like this is admirable but doesn't believe that the applicant is ready to handle it at the scale she is proposing. Commissioner Sparrow said that the applicants passion is evident but believes that the neighbors surrounding the applicant bought their property with the expectation that something like this would not happen Meeting adjourned at 2:19 pm Respectfully submitted. Kristine Ranslem Secretary 3 Hello