HomeMy WebLinkAbout20131956.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0024, FOR A KENNEL (75 -DOG BOARDING KENNEL AND 25
DOGGIE DAYCARE FOR A MAXIMUM OF 100 DOGS) AND ANY USE PERMITTED
AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE
COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (VETERINARY CLINIC, DOG
GROOMING, AND RETAIL SALES OF DOG FOOD, SUPPLIES AND TOYS)
PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR
RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO
ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE
A (AGRICULTURAL) ZONE DISTRICT - ROBERT E. EHRLICH, LLC, C/O JEFF
CHILDS
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 31st day
of July, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Robert E. Ehrlich, LLC, c/o Jeff Childs, 6425 Seaside Drive, Loveland,
CO 80538, for a Site Specific Development Plan and Use by Special Review Permit,
USR13-0024, for a Kennel (75 -dog boarding kennel and 25 doggie daycare for a maximum of
100 dogs) and any use permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts (veterinary clinic, dog grooming, and retail sales of
dog food, supplies and toys) provided that the property is not a lot in an approved or recorded
subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling
subdivisions in the A (Agricultural) Zone District, on the following described real estate, being
more particularly described as follows:
Being part of the W1/2 N1/2 N1/2 NW1/4 of Section
20, Township 3 North, Range 68 West of the 6th
P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present, and represented by Jeff Childs,
and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved 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.
cc: CA, $02, to Id) NL, 4/
9-18-
2013-1956
PL2229
SPECIAL REVIEW PERMIT (USR13-0024) - ROBERT E. EHRLICH, CIO JEFF CHILDS
PAGE 2
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.A (A.Goal 1) states: "Respect and encourage the
continuation of agricultural land uses and agricultural operations
for purposes which enhance the economic health and
sustainability of agriculture." The parcel on which the Kennel
facility is proposed to be located is approximately 20 acres in size.
The Kennel is a service industry for the boarding of dogs during
the day and overnight. The dogs will be kept inside, in a climate
controlled building between 7:00 p.m. and 7:00 a.m.
2) Section 22-2-100.A (C.Goal 1) states: "Promote the location of
commercial uses within municipalities, County Urban Growth
Boundary areas, Intergovernmental Agreement urban growth
areas, growth management areas, as defined in municipal
comprehensive plans, the Regional Urbanization Areas, Urban
Development Nodes or where adequate services are currently
available or reasonably obtainable."
3) Section 22-2-20.G.7 (A.Policy 7.2) states: "Conversion of
agricultural land to nonurban residential, commercial, and
industrial uses should be accommodated when the subject site is
in an area that can support such development, and should attempt
to be compatible with the region." The property has a will -serve
letter from the Longs Peak Water District and a proposed
Individual Sewage Disposal System (I.S.D.S.) to handle the
effluent flows. The application materials state that the kennel will
board 75 dogs and will have a Doggie Day Care for an additional
25 dogs, for a maximum of 100 dogs at any one time. In addition
to the boarding of dogs, the application materials state that there
will be a veterinary clinic, dog grooming, and retail sales of dog
food, supplies, and toys. The applicant submitted a
Screening/Landscape Plan that shows screening around the
outside -daytime play area. A Lighting Plan will also be required.
The noise levels on the site are required to meet the standards of
the Weld County Department of Environmental Health. There is
also a Development Standard that the dogs are kept indoors
between 7:00 p.m. and 7:00 a.m.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.H and 23-3-40.S of the
Weld County Code allow for A Site Specific Development Plan and Use
by Special Review Permit for a Kennel (75 -dog boarding kennel and 25
doggie day care for a maximum of 100 Dogs) and any use permitted as a
Use by Right, Accessory Use, or Use by Special Review in the
2013-1956
PL2229
SPECIAL REVIEW PERMIT (USR13-0024) - ROBERT E. EHRLICH, C/O JEFF CHILDS
PAGE 3
Commercial or Industrial Zone Districts, (veterinary clinic, dog grooming,
and retail sales of dog food, supplies, and toys), provided that the
property is not a lot in an approved or recorded subdivision plat or part of
a map or plan filed prior to adoption of any regulations controlling
subdivisions in the A (Agricultural) Zone District.
C. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The site is located
approximately 1/4 mile west of the Town of Mead's corporate limits and
outside the Urban Growth Boundary (as defined by the County). The
adjacent properties are a mix of agricultural uses and rural residences.
The nearest residence is located approximately 200 feet south of the
southern property line. The surrounding USRs include USR-1421,
approximately 1/4 mile to the south for a second -single family dwelling
and USR-686, approximately 1/2 mile to the east for livestock
confinement of 900 head of cattle. Five (5) surrounding property owners
received notice of this USR due to their property being within 500 feet of
the site and the Weld County Department of Planning Services received
twelve (12) letters of opposition. These letters outline concerns about
traffic, noise, odors, compatibility, and decreasing property values. On
Wednesday, June 12, 2013, the applicant held a neighborhood meeting.
The applicant submitted a Screening/Landscape Plan that shows
screening around the outside -daytime play area. A Lighting Plan will be
required and that the dogs be kept indoors at night. The noise levels on
the site are required to meet the standards of the Weld County
Department of Public Health and Environment. These requirements,
along with the other Conditions of Approval and Development Standards,
will assist in mitigating the impacts of the facility on the adjacent
properties and ensure compatibility with surrounding land uses.
D. Section 23-2-230.6.4 -- 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-mile referral areas of
the Town of Mead and the City of Longmont. The Town of Mead, in the
referral comments dated June 7, 2013, stated that, "This property is
designated A -Agriculture in the Mead Future Land Use Plan. Mead's
Agriculture district permits `animal care/boarding/sales, indoor' as a
permitted use. Outdoor sales/boarding is not a permitted use. Due to the
proximity of residential uses, all care/boarding/sales should occur in an
indoor facility." The City of Longmont did not respond to the referral
request.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Building Permits issued on the lot
will be required to adhere to the fee structure of the County -Wide Road
Impact Fee, County Facility Fee and Drainage Impact Fee Programs.
2013-1956
PL2229
SPECIAL REVIEW PERMIT (USR13-0024) - ROBERT E. EHRLICH, C/O JEFF CHILDS
PAGE 4
F. Section 23-2-230.B.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 Prime (Irrigated), per
the 1979 Soil Conservation Service Important Farmlands of Weld County
Map. The proposed USR will take approximately 20 acres of Prime
(Irrigated) Farmland out of production.
G. Section 23-2-230.B.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 can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Robert E. Ehrlich, LLC, do Jeff Childs, for a Site
Specific Development Plan and Use by Special Review Permit, USR13-0024, for a Kennel
(75 -dog boarding kennel and 25 doggie daycare for a maximum of 100 dogs) and any use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (veterinary clinic, dog grooming, and retail sales of dog food, supplies
and toys) provided that the property is not a lot in an approved or recorded subdivision plat or
part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the
A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
1. Prior to recording the plat:
A. The applicant shall address the requirements/concerns of the Mountain
View Fire Protection District, as stated in the referral response dated
May 15, 2013. Written evidence of such shall be submitted to the Weld
County Department of Planning Services.
B. The applicant shall address the requirements/concerns of the Longmont
Soils Conservation District, as stated in the referral response dated
May 14, 2013. Written evidence of such shall be submitted to the Weld
County Department of Planning Services.
C. The applicant shall submit a Lighting Plan to the Department of Planning
Services, for review and approval. Any lighting poles and lamps shall
comply with Section 23-3-360.F. which states, in part, that, "any lighting
shall be designed, located, and operated in such a manner as to meet the
following standards: sources of light shall be shielded so that beams or
rays of light will not shine directly onto adjacent properties."
D. In accordance with Chapter 23, Article IV, Division 2, the applicant shall
submit a Sign Plan to the Department of Planning Services for review and
approval, if signage is desired. The quantity, size and location of the
signs shall comply with Appendix 23-C and Appendix 23-D.
2013-1956
PL2229
SPECIAL REVIEW PERMIT (USR13-0024) - ROBERT E. EHRLICH, C/O JEFF CHILDS
PAGE 5
E. The applicant shall submit an updated Parking Plan to the Department of
Planning Services, for review and approval. This updated Parking Plan
shall show the dimensions of the drives and the parking stalls, including
the American with Disabilities Act (ADA) parking stalls. The applicant
shall comply with Appendix 23-B of the Weld County Code and Section
208 of the 2010 Americans with Disability Act and provide an adequate
number of parking stalls. Two (2) parking stalls are required for the
residence and ten (10) parking stalls are required for the kennel/vet
business. One (1) of the ten (10) required parking stalls shall meet the
requirements of the ADA.
F. The applicant shall resubmit a Dust Abatement Plan that includes
"watering as necessary," to the Environmental Health Services Division of
the Weld County Department of Public Health and Environment.
G. The applicant shall provide written documentation that a license under the
Pet Animal Care Facilities Act (PACFA) has been issued. The
documentation shall be submitted to the Environmental Health Services
Division of the Weld County Department of Public Health and
Environment.
The applicant shall resubmit a Waste Handling Plan to the Environmental
Health Services Division of the Weld County Department of Public Health
and Environment. The plan shall incorporate, at a minimum, how
chemicals, drugs and animal carcasses from the veterinarian office will be
disposed of. The name, address, and phone number of the waste
handler and facility where disposal will occur, shall be included.
The property owner shall attempt to address the requests of the adjacent
property owners with regard to the location of the residence.
J. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0024.
2) The attached Development Standards.
3) The plat shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) The applicant shall delineate the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas. Areas used for storage or trash
collection shall be screened from adjacent properties and public
rights -of -way. These areas shall be designed and used in a
manner that will prevent trash from being scattered by wind or
animals.
2013-1956
PL2229
SPECIAL REVIEW PERMIT (USR13-0024) - ROBERT E. EHRLICH, C/O JEFF CHILDS
PAGE 6
5) The approved Parking Plan.
6) The approved Landscape/Screening Plan, as submitted by the
applicant.
7) The approved Signage Plan.
8) The approved Lighting Plan.
9) County Roads (CR) 3 and 32 are designated on the Weld County
Road Classification Plan as local roadways, which require 60 feet
of right-of-way at full buildout. The applicant shall verify the
existing 60 feet of right-of-way and the documents creating the
rights -of -way and this information shall be noted. All setbacks
shall be measured from the edge of future rights -of -way. If the
existing rights -of -way cannot be verified, they shall be dedicated.
These roads are maintained by Weld County.
10) Show the approved accesses and label with the approved access
permit numbers (will be provided).
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or three (3) paper copies, of the plat to the Weld
County Department of Planning Services for preliminary approval. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the
Weld County Code. Upon approval of the plat, the applicant shall submit a Mylar
plat, along with all other documentation required as Conditions of Approval. The
Mylar plat and additional requirements shall be submitted within one hundred
twenty (120) days from the date of the Board of County Commissioners
Resolution. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The applicant shall
be responsible for paying the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat 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.
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@co.weld.co.us.
5. Prior to construction:
2013-1956
PL2229
SPECIAL REVIEW PERMIT (USR13-0024) - ROBERT E. EHRLICH, CIO JEFF CHILDS
PAGE 7
A. If more than one (1) acre is to be disturbed, a Weld County Grading
Permit will be required prior to the start of construction.
B. A Building Permit may be required for any new construction, alteration, or
addition to any buildings or structures on the property, per
Section 29-3-10 of the Weld County Code. A Building Permit Application
must be completed and two (2) complete sets of engineered plans,
including Engineered Foundation Plans bearing the wet stamp of a
Colorado registered architect or engineer must be submitted. A
Geotechnical Engineering Report performed by a registered state of
Colorado engineer shall be required or an Open Hole Inspection.
6. Prior to the issuance of the Certificate of Occupancy for the kennel facility:
A. An Individual Sewage Disposal System (I.S.D.S.) is required for the
proposed facility and shall be installed according to the Weld County
I.S.D.S. Regulations. The septic system is required to be designed by a
Colorado registered professional engineer, according to the Weld County
I.S.D.S. Regulations.
7. 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 plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 31st day of July, A.D., 2013.
BOARD UNTYCOMMISSIONERS
ATTEST: —Iv
Weld County Clerk to the Board
BY:
Deputy CI
ty Attorney
WELD
1/
William F. Garcia, Chair
,COLORADO
Date of signature^UG 2 8 2013
can P. Conway
2013-1956
PL2229
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ROBERT E. EHRLICH, LLC, CIO JEFF CHILDS
USR13-0024
1. A Site Specific Development Plan and Use by Special Review Permit, USR13-0024, is
for a Kennel (75 -dog boarding kennel and 25 doggie day care for a maximum of 100
dogs) and any use permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts, (veterinary clinic, dog grooming,
and retail sales of dog food, supplies, and toys), provided that the property is not a lot in
an approved or recorded subdivision plat or part of a map or plan filed prior to adoption
of any regulations controlling subdivisions in the A (Agricultural) Zone District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The hours of operations shall be Monday thru Friday, 6:30 a.m. to 6:30 p.m., Saturday
8:00 a.m. to 12:00 p.m. (noon) and Sunday by appointment, only between the hours of
12:00 p.m. (noon) and 2:00 p.m., as stated in the application materials.
4. The number of on -site employees shall be limited to seven (7) full-time employees, as
stated in the application materials.
5. Dogs shall be kept indoors between 7:00 p.m. and 7:00 a.m.
6. The site shall be limited to a maximum of seventy-five (75) dogs in the kennel with an
additional twenty-five (25) dogs in the doggie day care. 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.
7. All signs shall be in compliance with the Weld County Code.
8. The preferred designated route is County Road 5, and the applicant will demonstrate
diligent efforts to advertise this route.
9. The landscaping, screening, and sign(s) on the site shall be maintained in accordance
with the approved Landscape/Screening/Sign Plans.
10. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if 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.
11. The historical flow patterns and runoff amounts will be maintained on the site.
12. Weld County is not responsible for the maintenance of on -site drainage related features.
13. 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 weekly from the facility and disposed of by a commercial
hauler.
2013-1956
PL2229
DEVELOPMENT STANDARDS (USR13-0024) - ROBERT E. EHRLICH, LLC
PAGE 2
14. 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.
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.
16. 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 Waste Handling
Plan, at all times.
17. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division
of Animal Industry.
18. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated in accordance with the approved Dust Abatement Plan, at all
times.
19. This facility shall adhere to the maximum permissible noise levels allowed in the
Non -specified Zone, as delineated in Section 14-9-30 of the Weld County Code.
20. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and clients of the facility, at all times.
21. 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
Individual Sewage Disposal Systems (I.S.D.S.).
22. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. The facility shall utilize the existing public water supply.
23. All potentially hazardous chemicals must be handled in a safe manner in accordance
with product labeling and in a manner that minimizes the release of Hazardous Air
Pollutants (HAP's) and Volatile Organic Compounds (VOC's). All chemicals must be
stored secure, on an impervious surface, and in accordance with manufacturer's
recommendations.
24. The operation shall comply with all applicable rules and regulations of the state and
federal agencies and the Weld County Code.
25. 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 of the adjacent
properties in accordance with the plan. Neither the direct, not 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.
2013-1956
PL2229
DEVELOPMENT STANDARDS (USR13-0024) - ROBERT E. EHRLICH, LLC
PAGE 3
26. Retail sales of dog food, toys and grooming supplies shall be limited to customers of the
boarding facility.
27. A building permit may be required for any new construction, alteration, or addition to any
buildings or structures on the property.
28. Buildings and structures shall conform to the requirements of the various codes adopted
at the time of permit application. Currently, the following have been adopted by Weld
County: 2012 International Building Code, 2012 International Mechanical Code, 2012
International Plumbing Code, 2006 International Energy Code, 2012 International Fuel
Gas Code, 2011 National Electrical Code, 2003 ANSI 117.1 Accessibility Code, and
Chapter 29 of the Weld County Code.
29. Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
30. Building Permits issued on the lot will be required to adhere to the fee structure of the
County Facility Fee and Drainage Impact Fee Programs.
31. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
32. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
33. 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.
34. 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.
35. 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.
36. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the plat and recognized at all times.
2013-1956
PL2229
Hello