HomeMy WebLinkAbout20152090.tiff EXHIBIT
BEFORE THE WELD COUNTY. COLORADO. PLANNING COMMISSII
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMI k• 4-
Moved by Jordan Jemiola, 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 USR15-0019
APPLICANT ANNE BACKSTROM
PLANNER. CHRIS GATHMAN
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A KENNEL (UP TO 35 DOGS) IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION. LOT C REC EXEMPT RECX11 -0014 PART NW4 SECTION 9. T3N . R66W OF
THE 6TH P M. , WELD COUNTY. COLORADO
LOCATION SOUTH OF AND ADJACENT TO CR 36 AND EAST OF AND ADJACENT TO CR
29
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- 150D A Goal 4 states: `Conversion of agricultural land to nonurban residential .
commercial and industrial uses will be accommodated when the subject site is in an area that
• can support such development. Such development shall attempt to be compatible with the
region . "
Traffic to the site will be minimal . Visitors to the site are by appointment only A development
standard has been attached requiring the dogs to be kept indoors during nighttime hours.
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 allows for A Site Specific
Development Plan and Special Review Permit for Kennels 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 site is adjacent to four (4) rural residential properties to the west
and to the east. The nearest residence is located approximately 850 feet to the east of the
site. There are two existing kennel facilities (approved under USR-1748 and 1756
respectively) to the east and west of the property.
No letters, phone calls or e-mails have been received from surrounding property owners in
regards to this case. Visitors to the site are by appointment only. A development standard has
been attached requiring the dogs to be kept indoors during nighttime hours.
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 located within the three (3) mile referral areas of the Town of Gilcrest and the
Town of Platteville. No referral response was received from either Gilcrest or Platteville.
RESOLUTION USR15-0019
ANNE BACKSTROM
PAGE 2
E Section 23-2-220.A. 5 -- The application complies with Chapter 23. Article V. of the Weld
County Code The existing site is within the County-Wide Road Impact Fee Area and the
Capital Expansion Impact Fee area .
Building Permits issued on the lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program .
Building Permits issued on the proposed lot will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs.
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 proposed facility is located on approximately 119 acres delineated as "Prime" and " Prime
if Irrigated" per the 1979 Soil Conservation Service Important Farmlands of Weld County
Map. The proposed kennel buildings are located in a fenced area and are adjacent to the
existing residence and outbuildings on the property.
G 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.
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 can
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 recording the map:
A - - A copy of the Pet Animal Care-Facilities Act (PACFA) license, from the Colorado Department of
Agriculture, shall be provided to Environmental Health Services, Weld County-Department of
Public Health- Environment. (Department of Public- Health and Environment)
B. The applicant shall attempt to address the requirements of the Platteville-Gilcrest Fire
Protection District, as stated in the referral response dated April 7. 2015. Written evidence of
such shall be submitted to the Weld County Department of Planning Services. (Department of
Planning Services)
C . The map shall be amended to delineate the following:
1 . All sheets of the map shall be labeled USR15-0019 (Department of Planning Services)
2 . The attached Development Standards ( Department of Planning Services)
3 The map shall be prepared in accordance with 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 All signs shall be shown on the map and 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)
RESOLUTION USR15-0019
ANNE BACKSTROM
PAGE 3
6 County Road 29 and County Road 36 are Gravel roads and are designated on the Weld
County Road Classification Plan as Local roads, which require 60 feet of right-of-way at
full buildout The applicant shall verify and delineate on the plat the future and existing
right-of-way and the documents creating the existing right-of-way. If the existing right of
way cannot be verified it shall be dedicated. All setbacks shall be measured from the
edge of future right-of-way. This road is maintained by Weld County. (Department of
Planning Services - Engineer)
7. Show the approved access(es) on the map and label with the approved access permit
number (AP15-00169). (Department of Planning Services - Engineer)
8. Show and label standard tracking control onto publically maintained roadways on the
map. (Department of Planning Services - Engineer)
9. Show the accepted water quality feature on the map with volume and label as WATER
QUALITY FEATURE. NO-BUILD OR STORAGE AREA. ( Department of Planning
Services - Engineer)
10 Show and label the drainage flow arrows, turning radii, and parking and circulation on the
map. (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 CAD formats are .dwg, .dxf. and .dgn (Microstation) : acceptable
GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). 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 Operation :
A. Septic permit SP-1500073 shall receive final approval from Environmental Health Services. Weld
County Department of Public Health & Environment. (Department of Public Health and
Environment)
6 . 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)
•
RESOLUTION USR15-0019
ANNE BACKSTROM
PAGE 4
Motion seconded by Michael Wades.
VOTE
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
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 July 7, 2015
Dated the 7t of July, 2015.
Digitally signed by Kristine Ranslem
O6vieskvit Ranthin_ Date: 2015.07. 10 07:34:27 -06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Anne Backstrom
USR15-0019
1 . A Site Specific Development Plan and Use by Special Review Permit, USR15-0019. for a Kennel for up to
35 dogs (Labradors and Golden Retrievers) 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. 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)
4. Thirty-Five (35) is the maximum number of dogs. 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)
5. Dogs shall be kept indoors between TOO p. m . and 7-00 a. m . (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 of 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. 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)
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, Section 30-20- 100 . 5. C . R. S . (Department of Public Health and Environment)
9. Waste materials shall be handled. stored, and disposed of in a manner that controls fugitive dust. fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate
in accordance with the approved accepted Waste Handling Plan and with Chapter 14. Article I of the Weld
County Code at all times. (Department of Public Health and Environment)
10. Fugitive dust and fugitive particulate emissions should be controlled on this -site. 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)
11 . This facility shall adhere to the maximum permissible noise levels allowed in the non-specified Zone
District, as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
12. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the
facility. at all times. The facility shall utilize the existing public water supply. (Central Weld County Water
District)
13. The applicant shall comply with the Colorado Department of Agriculture (CDA) . Division of Animal Industry
regulations. (Department of Public Health and Environment)
14 . Sewage disposal for the facility shall be by septic system . Any septic system located on the property must
comply with all provisions of the Weld County Code. pertaining to On-site Waste-water Treatment System
(O .W.T S. ) . (Department of Public Health and Environment)
15. 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)
RESOLUTION USR15-0019
ANNE BACKSTROM
PAGE 6
16. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the
plan. 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)
17 Should noxious weeds exist on the property. or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds. pursuant to
Chapter 15. Articles I and II . of the Weld County Code (Department of Planning Services — Engineer)
18. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning
Services - Engineer)
19. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services - Engineer)
20. Building permits may be required. per Section 29-3- 10 of the Weld County Code. Currently. the following
have been adopted by Weld County: 2012 International Codes. 2006 International Energy Code. and 2011
National Electrical Code. A Building Permit Application must be completed and two (2) 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 Colorado registered engineer shall be
required or an Open Hole Inspection. (Department of Building Inspection)
21 . The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code_
22 . 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.
23. 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.
24. 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.
25 . 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.
RESOLUTION USR15-0019
ANNE BACKSTROM
PAGE 7
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.
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.
EXHIBIT
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETI' s /3
Tuesday. July 7. 2015 sargreln
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.
Jason Maxey. at 1 :40 pm .
Roll Call.
Present: Benjamin Hansford. Bruce Johnson , Bruce Sparrow. Jason Maxey. Jordan Jemiola . Joyce
Smock. Michael Wailes, Nick Berryman . Terry Cross.
Also Present: Chris Gathman . Diana Aungst, and Tom Parko. Department of Planning Services: Wayne
Howard , and Jennifer Petrik. Department of Planning — Engineering Division, Lauren Light and Heather
Barbare. Department of Health : Brad Yatabe, County Attorney, and Kris Ranslem. Secretary
Motion . Approve the June 16. 2015 Weld County Planning Commission minutes, Moved by Michael
Wailes. Seconded by Bruce Johnson . Motion passed unanimously.
CASE NUMBER USR15-0019
APPLICANT ANNE BACKSTROM
PLANNER CHRIS GATHMAN
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A KENNEL ( UP TO 35 DOGS) IN THE A (AGRICULTURAL)
ZONE DISTRICT
LEGAL DESCRIPTION LOT C REC EXEMPT RECX11 -0014: PART NW4 SECTION 9. T3N. R66W OF
THE 6TH P.M , WELD COUNTY. COLORADO
LOCATION SOUTH OF AND ADJACENT TO CR 36 AND EAST OF AND ADJACENT TO
CR 29
Chris Gathman , Planning Services. presented Case USR15-0019, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
Jennifer Petrik. Engineering, reported on the existing traffic, access and drainage conditions and the
requirements on site
Lauren Light. Environmental Health . reviewed the public water and sanitary sewer requirements. on-site
dust control. and the Waste Handling Plan . Ms. Light suggested removing Condition of Approval 1 .A as it
is covered under Development Standard 13. She recommended amending Development Standard 9 by
replacing "approved" to "accepted" and deleting "at all times' at the end of the sentence.
Additionally. Ms. Light recommended removing the first sentence in Development Standard 10.
Rose Neito. 2127 Genoa Court. Loveland . Colorado. stated that she is representing the applicant. She
said that they have operated a kennel in the past. She added that the applicant's daughter and
granddaughter want to be a part of this kennel and therefore they are asking for an increase in the
number of dogs.
In response to Commissioner Smock's inquiry. Ms. Neito said that public would come to the site by
appointment only
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
No one wished to speak_
Motion : Delete Condition of Approval 1 .A, Moved by Benjamin Hansford. Seconded by Terry Cross.
Motion carried unanimously.
Motion : Amend Development Standard 9 and 10 as recommended by staff. Moved by Bruce Johnson ,
Seconded by Bruce Sparrow. Motion carried unanimously
1
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion : Forward Case USR15-0019 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval. Moved by Jordan Jemiola. Seconded by Michael Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes : Benjamin Hansford , Bruce Johnson , Bruce Sparrow. Jason Maxey, Jordan Jemiola, Joyce Smock,
Michael Wailes, Nick Berryman , Terry Cross.
Meeting adjourned at 4:08 pm_
Respectfully submitted ,
Digitally signed by Kristine Ranslem
laibeint-d 414-1.4,Wit Date: 2015.07. 10 07:27:29 -06'00'
Kristine Ranslem
Secretary
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