HomeMy WebLinkAbout20121658.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR12-0007, FOR A KENNEL (UP TO 40 DOGS) AND ANY USE
PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL
REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS, 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 (STORAGE OF STONE
AND MASONRY MATERIALS AND STONE AND MASONRY INSTALLATION
EQUIPMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT - RICHARD AND
BETTY ROOS
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 11th day
of July, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Richard and Betty Roos, 3525 Colorado Boulevard, Dacono,
Colorado, 80514, for a Site Specific Development Plan and Use by Special Review Permit,
USR12-0007, for a Kennel (up to 40 dogs) and any Use permitted as a Use by Right, an
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts,
provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of
a map or plan filed prior to adoption of any regulations controlling subdivisions (storage of stone
and masonry materials and stone and masonry installation equipment) in the A (Agricultural)
Zone District, on the following described real estate, being more particularly described as
follows:
South 330 feet of the N1/2 of Section 13, Township
1 North, Range 68 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing the Board deemed it advisable to continue the matter to
August 1, 2012, at 10:00 a.m., to allow additional time to complete the necessary newspaper
publication requirement, and
WHEREAS, at said hearing on August 1, 2012, the applicant, Richard Roos Sr., along
with Richard Roos Jr., were present, 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:
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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 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.B.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." The applicant is proposing a dog kennel for up to 40 adult dogs,
along with storage of stone and masonry materials and installation
equipment. The applicant has masonry materials stored along the north
side of the kennel/dog run area to mitigate noise impacts to the nearest
residence to the north of the site. The Department of Planning Services is
requiring a development standard that dogs are kept indoors during
nighttime hours. Also, the Department of Planning Services is requiring
that the masonry storage area be screened from adjacent properties and
rights-of-way.
B. Section 23-2-230.6.2 -- 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 Use by Special
Review Permit for a Kennel, and Section 23-3-40.S allows for any use
permitted as a Use by Right, Accessory Use, or Use by Special Review in
the Commercial or Industrial Zone Districts (storage of stone and
masonry materials and stone and masonry installation equipment) 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 400 feet to the south of the nearest residence. A platted
subdivision located in the City of Dacono (Eagle Meadow) is located
approximately 1/2 mile to the west of the site. Agricultural land is located
to the south and east of the site. The Department of Planning Services is
requiring screening of outdoor storage of masonry materials and
equipment and that dogs be kept indoors (in addition to other
development standards such as noise standards) to ensure compatibility
with existing surrounding land uses.
D. Section 23-2-230.B.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. This site is located within the three-mile referral areas of
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the Towns of Erie and Frederick and the Cities of Dacono and
Northglenn. Additionally, this property is located within the Coordinated
Planning Agreement (IGA) boundary of the City of Dacono. The City of
Dacono municipal limits border the property to the south and east. The
Town of Erie, in their referral response dated February 17, 2012,
indicated no conflict with their interests. The City of Dacono, in their
referral response dated May 7, 2012, stated that the outdoor storage area
should not become a salvage yard.
E. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The proposed facility does not lie
within the boundaries of any overlay district. Effective April 25, 2011,
building permits issued on the proposed lot will be required to adhere to
the fee structure of the County-Wide Road Impact Program. Effective
April 25, 2011, 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 23-2-230.6.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The subject site is classified as "Prime if Irrigated" along
the eastern portion of the property; the remainder of the property is
classified as "Prime" as delineated on the Important Farmlands of Weld
County map, dated 1979. The kennel facility and masonry and masonry
equipment storage area are located on the eastern quarter of the site and
are covered with existing buildings and improvements. The remainder of
the property is unimproved.
G. Section 23-2-230.6.7 — There are 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 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 Richard and Betty Roos, for a Site Specific
Development Plan and Use by Special Review Permit, USR12-0007, for a Kennel (up to 40
dogs) and any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in
the Commercial or Industrial Zone Districts, 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 (storage of stone and masonry materials and stone and
masonry installation equipment) in the A (Agricultural) Zone District, on the parcel of land
described above be, and hereby is, granted subject to the following conditions:
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1. Prior to Recording the Plat:
A. The applicant shall submit documentation from the Central Weld County
Water District indicating that water service is available for business
usage.
B. All septic systems located on the property shall have appropriate permits
from the Weld County Department of Public Health and Environment.
The Environmental Health Services Division of the Weld County
Department of Public Health and Environment was unable to locate a
septic permit for the residence constructed in 1924. Any existing septic
system which is not currently permitted through the Weld County
Department of Public Health and Environment will require an Individual
Sewage Disposal System Evaluation (I.S.D.S.) prior to the issuance of
the required septic permit. In the event the system is found to be
inadequate, the system must be brought into compliance with current
I.S.D.S. regulations.
C. In the event the applicant intends to utilize an existing septic system for
the kennel and clients, 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 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.
D. Alternately to item C above, an individual sewage disposal system is
required for the kennel and clients, 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.
E. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department
of Public Health and Environment. The plan shall include, at a minimum,
the following:
1) A list of wastes which are expected to be generated on the site
(this should include expected volumes and types of waste
generated).
2) A list of the type and volume of chemicals expected to be stored
on the site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
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F. The applicant shall provide a copy of the current license from the Pet
Animal Care Facilities Act (PACFA) to the Weld County Department of
Public Health and Environment.
G. The applicant shall submit the Screening Plan to the Department of
Planning Services for review and approval. The masonry material and
equipment storage associated with the proposed use (along with any
unlicensed vehicles and storage of miscellaneous materials) shall be
completely screened by a six-foot high opaque fence (or other equivalent
screening material).
H. The applicant shall address the requirements of the Department of
Building Inspection, as stated in the referral dated February 23, 2012. A
change of use building permit shall be submitted for the building used for
the dog kennel. The building permit shall meet the following requirements:
1) The structures proposed to have changed uses to a dog kennel
will require a commercial building permit for said change of use, a
floor plan, and a complete set of plans for any alteration.
2) A building permit application must be completed and two complete
sets of floor plans must be submitted for review. A Geotechnical
Engineering Report performed by a Colorado registered engineer
shall be required.
3) 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: 2006
International Building Code, 2006 International Mechanical Code,
2006 International Plumbing Code, 2006 International Energy
Code, 2006 International Fuel Gas Code, 2011 National Electrical
Code, 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the
Weld County Code.
If exterior lighting is proposed, the applicant shall submit a Lighting Plan
for review and approval, by the Department of Planning Services. Per the
Weld County Code:
1) Sources of light, including light from high-temperature processes
such as combustion or welding, 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; and
2) Neither direct nor reflected light from any light source may create
a traffic hazard to operators of motor vehicles on public or private
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streets and no colored lights may be used which may be confused
with, or construed as, traffic control devices.
J. The applicant shall submit written evidence to the Weld County
Department of Planning Services verifying that the occupant of the mobile
home permitted by ZPMH #1365, for temporary accessory farm use, is
principally employed at, or engaged in, the farming operation on the
subject property in accordance with Section 24-4-170 of the Weld County
Code. The evidence shall consist of tax records, employment agreements
or other documentation as determined suitable by the Weld County
Department of Planning Services. Failure to submit the required
documentation may result in the cessation of the allowance of the mobile
home for temporary accessory farm use.
K. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR12-0007.
2) The attached Development Standards.
3) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) Show and label the Water Quality Area.
5) 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.
6) The approved Screening Plan.
7) The approved Lighting Plan (if applicable).
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
three (3) paper copies of the plat for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the paper copies, the
applicant shall submit a Mylar plat, along with all other documentation required
as Conditions of Approval. The Mylar plat shall be recorded in the office of the
Weld County Clerk and Recorder by the Department of Planning Services. The
plat shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar plat and additional requirements shall be
submitted within 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.
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3. In accordance with Weld County Code Ordinance #2006-7, approved June 1,
2006, 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 be added for each additional three
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. 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 1st day of August, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Sean P. Conw Chair
Weld County Clerk to the Board �J
Wil m . Garcia, aTe
BY:
Deputy
uty Cle to the oard t El L4 ���! i /
• `:r-a Kirkmeyer
APP ED ORM: 1361 I . '.,A \ d c
Nair` vid E. Long
ty Attorney �� ' ,4 4 3► ..
Dougl-. Rademac er
Date of signature: °I" 1-1- I a-
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RICHARD AND BETTY ROOS
USR12-0007
1. A Site Specific Development Plan and Use by Special Review permit, USR12-0007, for
a Kennel (up to 40 dogs) and a Use permitted as a Use by Right, Accessory Use, or Use
by Special Review in the Commercial or Industrial Zone Districts, 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 (storage of stone and
masonry materials and stone and masonry installation equipment) in the A (Agricultural)
Zone District and subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. Hours of operation for the kennel facility are 8:00 a.m., to 7:00 p.m.
4. The kennel and masonry storage and staging business are to be operated by family
members (up to four employees).
5. 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.
6. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the
Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
7. 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.
8. The applicant shall operate in accordance with the approved "Waste Handling Plan," at
all times.
9. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division
of Animal Industry.
10. 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.
11. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
12. Adequate drinking, hand washing and toilet facilities shall be provided for visitors and
clients of the facility, at all times. Portable toilets and bottled water are allowed for
ten (10) or less customers and two (2) or less full-time employees.
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13. A permanent, adequate water supply shall be provided for kennel usage.
14. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
15. Effective April 25, 2011, building permits issued on the proposed lot will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
16. Effective April 25, 2011, 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.
17. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
18. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
19. 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.
20. The screening on the site shall be maintained in accordance with the approved
Screening Plan.
21. Forty (40) 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.
22. ZPMH-1674 was approved for a mobile home to be utilized for storage of materials and
other goods pertaining to the farm on this property. Upon the sale or lease of this
property, this mobile home shall be removed.
23. 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.
24. 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.
25. The historical flow patterns and runoff amounts will be maintained on the site in such a
manner that it will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to run off rate and velocity increases,
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diversions, concentration and/or unplanned ponding of storm runoff.
26. Weld County is not responsible for the maintenance of on-site drainage related features.
27. A building permit may be required for any new construction, alteration, or addition to any
buildings or structures on the property.
28. A Building Permit Application must be completed and two complete sets of floor plans
must be submitted for review. A Geotechnical Engineering Report, performed by a
Colorado registered engineer, shall be required.
29. 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: 2006 International Building Code, 2006 International Mechanical Code, 2006
International Plumbing Code, 2006 International Energy Code, 2006 International Fuel
Gas Code, 2011 National Electrical Code, 2003 ANSI 117.1 Accessibility Code and
Chapter 29 of the Weld County Code.
30. 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.
31. 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.
32. 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.
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