HomeMy WebLinkAbout20110394.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1766 FOR A KENNEL (UP TO 99 DOGS OF A NON-SPECIFIED BREED) IN
THE A (AGRICULTURAL) ZONE DISTRICT-JAMES TERRY
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 9th day of
February, 2011, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of James Terry, 10711 State Highway 52, Fort Lupton, Colorado 80621,
for a Site Specific Development Plan and Use by Special Review Permit#1766 for a Kennel (up
to 99 dogs of a non-specified breed) in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot A of Amended Recorded Exemption #2765;
located in the W1/2 NE1/4 of Section 2, Township 1
North, Range 67 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing, the applicant was represented by his daughter and
business partner, Sharol Terry Pestotrik, 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 23-2-230.8.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
Section 22-2-20.G.2 (A.Policy 7.2) of the Weld County Code 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 proposed kennel is located immediately
to the south of an existing construction office and shop (Nelson Pipeline —
USR-1375). The proposed facility will share the existing access off of
State Highway 52 with the construction office and shop. Additionally, the
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kennel building will be located on a developed portion of the property.
Section 22-2-20.1 (A.Goal 9) states, "Reduce potential conflicts between
varying land uses in the conversion of traditional agricultural lands to
other land uses." The Conditions of Approval and Development
Standards are attached to address potential conflicts with surrounding
land uses.
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.K of the Weld County
Code provides for Kennels (up to 99 dogs of a non-specified breed) as a
Use by Special Review 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 immediately to the south of an existing construction office and
shop (Nelson Pipeline — USR-1375). Residences are located
approximately 1,000 feet and 1,300 feet to the west and east of the
proposed kennel facility. Two letters have been submitted with the
application from the nearest residence to the west and Nelson Pipeline to
the north of the proposed facility, and each indicated no conflict with their
interests. The property shares an existing access off of State Highway 52
with Nelson Pipeline Contractors to the north. The property is well
screened from State Highway 52 and to the east by existing mature trees.
The Conditions of Approval and Development Standards are attached to
address potential conflicts 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 for
the City of Fort Lupton and the Town of Frederick. The site is not located
within the Coordinated Planning Agreement (IGA) boundaries for either
Fort Lupton or Frederick, and each municipality returned a referral
response indicating no conflict with their interests. Currently, the property
is in violation (ZCV-10-00037) for operating a Kennel without an approved
and recorded Use by Special Review (USR) permit; however, upon
approval and recording of the plat, the violation will be closed.
e. Section 23-2-230.B.5 -- The site is not located within the floodplain or any
overlay districts. Effective January 1, 2003, building permits issued on
the proposed lots will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program. Effective August 1, 2005,
building permits issued on the subject site will be required to adhere to
the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
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SPECIAL REVIEW PERMIT#1766 - JAMES TERRY
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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 subject site is designated as "Prime (Irrigated)" by the
1979 USDA Soil Conservation Services Map. The proposed Kennel
facility is located on a parcel that is 13.25 acres in size and the building is
adjacent to an existing developed area of the site. No agricultural land
will be taken out of production.
g. Section 23-2-230.6.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the 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.
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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of James Terry for a Site Specific Development
Plan and Use by Special Review Permit #1766 for a Kennel (up to 99 dogs of a non-specified
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. All plat sheets shall be labeled USR-1766.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The plat shall be prepared in accordance with Section 23-2-260.D.
3) The dimensions of parking spaces. Parking shall meet the design
requirements for off-street parking outlined in Appendix 23-A of
the Weld County Code.
4) The water quality area, which shall be labeled as "Water Quality,
No Build or Storage Area".
5) The trash collection area.
6) A note stating: "Weld County is not responsible for the
maintenance of drainage related structures".
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C. 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 and to the Department of Planning Services.
D. The applicant shall attempt to address the requirements of the Fort
Lupton Fire Protection District, as stated in the referral response received
November 3, 2010. Written evidence of such shall be provided to the
Department of Planning Services.
E. The applicant shall address the requirements of the Department of
Building Inspection, as stated in the referral response dated August 31,
2010. The applicant shall provide written evidence from the Department
of Building Inspection to the Department of Planning Services that the
required building permits have been applied for.
F. The nearest north-south County Road shall be indicated on the vicinity
map.
G. The applicant shall submit three (3) paper copies of the plat, for
preliminary approval, to the Weld County Department of Planning
Services.
2. Upon completion of Condition of Approval #1 above, 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 sixty
(60) days from the date of the Board of County Commissioners Resolution. The
applicant shall be responsible for paying the recording fee.
3. Prior to Construction:
A. Building permits shall be obtained prior to starting construction. A plan
review is required for each building or structure for which a building permit
is required. Two complete sets of plans are required when applying for
each permit. The applicant shall include a Code Analysis Data Sheet for
the Weld County Department of Building Inspection for each structure that
requires a permit. Submittal plans shall include a floor plan showing the
specific uses of each area for the building. Plans shall bear the wet
stamp of a Colorado licensed architect or engineer.
B. Buildings 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, 2008
National Electrical Code, 2006 International Mechanical Code, 2006
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International Plumbing Code, 2006 International Energy Code, 2006
International Fuel Gas Code, 2003 ANSI 117.1 Accessibility Code, and
Chapter 29 of the Weld County Code.
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 9th day of February, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COLORADO
` f< ifJ
ATTEST: -�� _• !-./
�- bara Kirkmeyer Chair
ti� � l
Weld County Clerk tot . . _
rtDil Sean . wa Pro-Tem
Deputy Clerk to the Bo. •
d • F.
APPROVED AS TO FORM: `r cX
David . Long
Acj�;C my At ney �QJ �. a --
Douglas Rademac er
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Date of signature: //g
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JAMES TERRY
USR #1766
1. The Site Specific Development Plan and Use by Special Review Permit #1766 is for a
Kennel (up to 99 dogs of a non-specified 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. Dogs shall be kept indoors from dusk to dawn.
4. Ninety-nine (99) is the maximum number of adult dogs allowed on the site at any one
time. Dogs over the age of six (6) months are counted in the maximum number of adult
dogs, in accordance with Section 23-1-90 of the Weld County Code.
5. 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 or by a
commercial hauler.
6. 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.
7. 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.
8. 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.
9. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
10. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division
of Animal Industry, if applicable
11. 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.
12. 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.
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13. Adequate drinking, hand washing, and toilet facilities shall be provided for employees,
visitors, and clients of the facility, at all times.
14. Sewage disposal for the facility shall be by septic system. In the event the applicant
intends to utilize the septic system at the existing home for clients, employees, and/or
kennel sanitation needs, the septic system shall be reviewed by a Colorado registered
professional engineer, if the usage exceeds four (4) people and/or wastewater from the
kennel flows into the septic system. If the system is found to be inadequately sized or
constructed, the system shall be brought into compliance with current regulations. Any
septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
15. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. The facility shall utilize the existing private water supply (Well Permit
No. 74441-F).
16. 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.
17. The applicant must take into consideration storm water capture/quantity and provide
accordingly for Best Management Practices.
18. The gravel driveway portion of the access and the parking shall be graded and drained
to provide an all-weather access to the facility.
19. The existing screening (trees) on site shall be maintained.
20. Building permits shall be obtained prior to starting construction of any new structure
and/or change of use of any existing building or structure. A plan review is required for
each building or structure for which a building permit is required. Two complete sets of
plans are required when applying for each permit. The applicant shall include a Code
Analysis Data Sheet for the Weld County Department of Building Inspection for each
structure that requires a permit. Submittal plans shall include a floor plan showing the
specific uses of each area for the building. Plans shall bear the wet stamp of a Colorado
licensed architect or engineer.
21. Buildings 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, 2008 National Electrical Code, 2006 International
Mechanical Code, 2006 International Plumbing Code, 2006 International Energy Code,
2006 International Fuel Gas Code, 2003 ANSI 117.1 Accessibility Code, and Chapter 29
of the Weld County Code.
22. 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.
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23. Effective January 1, 2003, building permits issued on the proposed lots will be required
to adhere to the fee structure of the County-Wide Road Impact Fee Program.
24. Effective August 1, 2005, building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
25. The applicant shall provide a letter of approval from the Fort Lupton Fire Protection
District prior to construction of any structure and/or change of use of any existing
building or structure.
26. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
27. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
28. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
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. 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.
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