HomeMy WebLinkAbout20123369.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR12-0060, FOR A KENNEL (20-DOG NONPROFIT RESCUE AND
BOARDING KENNEL FOR AN UNSPECIFIED BREED) IN THE A (AGRICULTURAL)
ZONE DISTRICT- SHIRLEY DAHL AND JANA BIRDWELL
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 5th day of
December, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Shirley Dahl and Jana Birdwell, 8759 County Road 55, P.O. Box 66,
Hudson, Colorado 80642, for a Site Specific Development Plan and Use by Special Review
Permit, USR12-0060, for a Kennel (20-dog nonprofit rescue and boarding kennel for an
unspecified breed) in the A (Agricultural) Zone District, on the following described real estate,
being more particularly described as follows:
Lot B of Recorded Exemption, RE-4328; being part
of the N1/2 NW1/4 SE1/4 of Section 21,
Township 2 North, Range 64 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was 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:
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 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20 (A.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 located consists of approximately nine (9) acres with
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existing improvements, a residence, and a garage. The Kennel is
for a non-profit rescue and boarding facility for up to 20 dogs.
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." The property is served by a
commercial well and an Individual Sewage Disposal System
(I.S.D.S.) handles the effluent flows.
3) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of
agricultural land to non urban 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
permitted for a 20-dog non-profit rescue and boarding kennel for
an unspecified breed. A Development Standard will require that
dogs are kept indoors during non-daylight hours.
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 in the A (Agricultural) Zone District.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The proposed kennel
is located approximately 514 feet from the residence to the west, 737 feet
from the residence to the south and 1,270 feet from the residence to the
east. Staff received various letters in opposition to the proposed kennel.
The Whitmore letter, dated September 14, 2012, cited concerns with the
temperament and health of the rescued dogs, safety of adjacent property
owners and their visitors, unknown persons serving as volunteers who
access the shared access and property, and the 24 hour/day operation of
the facility. The McIntosh letter, dated September 14, 2012, cited
concerns with devaluation of property values, barking of dogs at all hours
of day and night, dog at-large issues, dusty road conditions on County
Road (CR) 55, and the predominate concern raised was for the safety of
livestock and the howling and barking of dogs. The Feather letter, dated
November 4, 2012, cited concerns with barking of dogs, leading to the
luring of coyotes, lowering of property values, dust on the private access
and a commercial business located in an agricultural area. The Judith
Luke letter, dated November 2, 2012, stated she had reservations about a
kennel of this size, barking, and kenneled dogs having the ability to be
rehabbed and placed in new homes. Other concerns addressed the
collection of fees or donations, number of employees and volunteers, and
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whether there is air conditioning during the summer months and heat in
the winter months. A Screening and Lighting Plan are required and dogs
will 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 (3) mile referral areas
of the Towns of Hudson and Keenesburg. Both towns, in referrals dated
September 18, 2012, indicated no conflict with their interests.
E. Section 23-2-230.B.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 property will be required to adhere to the
fee structure of the County-Wide Road Impact Fee Program. Effective
April 25, 2011, building permits issued on the property 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," as delineated on
the Important Farmlands of Weld County map, dated 1979. The
proposed kennel is located on a nine (9) acre tract of land with existing
improvements, surrounded by parcels of similar size and with existing
encumbrances.
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 will ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
H. Section 23-4-400 — The attached Conditions of Approval and
Development Standards will ensure that the kennel will be operated
according to the supplementary kennel requirements outlined in this
Section of the Weld County Code.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Shirley Dahl and Jana Birdwell, for a Site
Specific Development Plan and Use by Special Review Permit, USR12-0060, for a Kennel
(20-dog nonprofit rescue and boarding kennel for an unspecified breed) 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 submit a Dust Abatement Plan, detailing on site dust
control measures, for review and approval, to the Environmental Health
Services Division of the Weld County Department of Public Health and
Environment.
B. 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 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.
C. Alternately to item B above, an I.S.D.S. is required for the kennel and
clients and shall be installed according to the Weld County Individual
Sewage Disposal (I.S.D.S.) Regulations. The septic system is required to
be designed by a Colorado registered engineer, according to the Weld
County I.S.D.S. Regulations.
D. 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 of
(including the facility name, address, and phone number).
E. 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.
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F. The applicant shall submit a Screening Plan to the Department of
Planning Services, for review and approval.
G The applicant shall submit a Lighting Plan to the Department of Planning
Services, for review and approval.
H. The applicant shall address the requirements of the Department of
Building Inspection, as stated in the referral dated September 28, 2012.
At a minimum, the building permit shall meet the following requirements:
1) Any structures proposed to have changed uses will require a
commercial building permit for change of use. A Code Analysis,
Floor Plan and complete set of plans for any alteration and a
Structural Analysis may be required by a Colorado registered
engineer.
2) A building permit will be required for any new construction,
alteration, or addition to any buildings or structures on the
property.
3) It is required that a Code Analysis be done on the project by a
design professional with experience in this area.
4) 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 for review.
5) A Geotechnical Engineering Report, performed by a Colorado
registered engineer, shall be required or an Open Hole Inspection.
6) 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, and 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
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cause a nuisance or interfere with the use on the adjacent
properties and public rights-of-way.
2) Neither direct nor reflected light from any light source may create
a traffic hazard to operators of motor vehicles on public or private
streets and no colored lights may be used which may be confused
with, or construed as, traffic control devices.
J. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR12-0060.
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) A detailed site plan is required following the checklist provided by
the Department of Planning Services. Additional Public Works
items that must be shown are: parking, circulation, road right-of-
way, easements, drainage flow arrows showing the direction of
stormwater flows across the property and water quality area.
5) The applicant will utilize the existing recorded access easement.
Show and label this easement with the recording number
(Reception #3340723).
6) The applicant shall show, on the site plan, where the water quality
area will be located and how the drainage from the business area
reaches the water quality depression. The water quality area must
be completely on the USR property and capture stormwater runoff
from the business/kennel area so that it does not run onto
neighboring properties.
7) CR 55 is designated on the Weld County Road Classification Plan
as a local road, which requires 60 feet of right-of-way at full
buildout. There is presently 60 feet of right-of-way. A total of 30
feet from the centerline of CR 55 shall be delineated a right-of-way
on the plat. This road is maintained by Weld County.
8) Show and label the Water Quality Area on the plat.
9) 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 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.
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10) The approved Screening Plan.
11) The approved Lighting Plan (if applicable).
2. Prior to issuance of the Certificate of Occupancy:
A. An 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 engineer, according to
the Weld County I.S.D.S. Regulations. A vault is acceptable for daily
sanitation of the kennel and/or supplies.
3. Upon completion 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.
4. 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 be added for each additional three (3)
month period.
5. 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.
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 plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of December, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
• c PATTEST: � , (AYE)
Sean,P. n y Chair
Weld County Clerk to the
,,"fvvti ELa� ( C� (AYE)
Mti . Garcia, Pro-Tem
BY:
Deputy Clerk '. e , par ;-7eZ_644 ctifc)/ LILL_ (NAY)
Ws i .BaFtwa Kirkme et
AP O FORM: `.7 (AYE)
David E. Long
County Attorney�,—°� (Lyn_ow-,--) (AYE)
Douglas'Rademacher
JAN 1 5 2013
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SHIRLEY DAHL AND JANA BIRDWELL
USR12-0060
1. A Site Specific Development Plan and Use by Special Review Permit, USR12-0060, is
for a Kennel (20-dog nonprofit rescue and boarding kennel of an unspecified breed) 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 will be from 7:00 A.M. to 7:00 P.M.
4. Dogs shall be kept indoors during night-time hours (7:00 P.M. to 7:00 A.M).
5. The facility is limited to six (6) full-time employees.
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 every other
week by a commercial hauler.
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.
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.
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.
10. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
11. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division
of Animal Industry.
12. 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.
13. 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.
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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
Individual Sewage Disposal Systems (I.S.D.S.).
15. Adequate drinking, hand washing and toilet facilities shall be provided for the public,
employees and volunteers of the facility, at all times.
16. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes, at all times.
17. The operation shall comply with all applicable rules and regulations of the state and
federal agencies and the Weld County Code.
18. This application is proposing a well as its source of water. Groundwater may not meet
all drinking water standards as defined by the Colorado Department of Public Health and
Environment. The applicant is strongly encouraged to test the drinking water prior to
consumption and periodically test it over time.
19. Effective April 25, 2011, building permits issued on the property will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
20. Effective April 25, 2011, building permits issued on the property will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee
Programs.
21. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
22. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
23. 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.
24. The screening on the site shall be maintained in accordance with the approved
Screening Plan.
25. Twenty (20) 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.
26. 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. All
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vegetation, other than grasses, needs to be maintained at a maximum height of 12
inches until the area is completely developed.
27. 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 runoff rate and velocity increases,
diversions, concentration and/or unplanned ponding of storm runoff.
28. Weld County is not responsible for the maintenance of on-site drainage related features.
29. 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.
30. A building permit may be required for any new construction, alteration, or addition to any
buildings or structures on the property.
31. A Building Permit Application must be completed and two (2) complete sets of floor
plans must be submitted for review. A Geotechnical Engineering report performed by a
Colorado registered engineer shall be required.
32. 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.
33. 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.
34. 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.
35. 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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