HomeMy WebLinkAbout20100795.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1733 FOR A KENNEL (UP TO 40 DOGS) AND AN ANIMAL GROOMING
SHOP (DOGS AND CATS) IN THE A (AGRICULTURAL) ZONE DISTRICT - SUSAN
MAESTAS AND SHARON ARANDA
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 21st day
of April, 2010, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Susan Maestas and Sharon Aranda, 15169 Lamb Avenue, Fort
Lupton, Colorado 80621, for a Site Specific Development Plan and Use by Special Review
Permit#1733 for a Kennel (up to 40 dogs) and an Animal Grooming Shop (dogs and cats) in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot 4, Block 43, Aristocrat Ranchettes Subdivision,
Second Filing; located in part of the SW1/4 of
Section 27, Township 2 North, Range 66 West of
the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was present at said hearing, 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.B.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." 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 / 2010-0795
land uses." The proposed use is
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SPECIAL REVIEW PERMIT#1733 - SUSAN MAESTAS AND SHARON ARANDA
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located on a one (1) acre parcel within an existing subdivision and is
zoned A (Agricultural). The application indicates that there will be only
one (part-time) outside employee, along with the owner and family
members residing on the site. Dog grooming will be by appointment only,
between the hours of 9:00 a.m., to 3:00 p.m., Tuesday through Saturday.
Any dogs to be boarded overnight must be kept indoors during evening
hours.
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 40 dogs), along with an Animal
Grooming Shop (dogs and cats), 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. This use is located in
an existing subdivision (Aristocrat Ranchettes). Single family residences
on one (1) acre lots are located to the north, south, and east of the site.
The application materials indicate outside customers coming to the site
will be by appointment only. Additionally, the Department of Planning
Services is requiring dogs be kept indoors overnight. These, and
additional Conditions of Approval and Development Standards, will
ensure that this use is compatible with adjacent 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. The site is located within the three-mile referral area for
the City of Fort Lupton. No referral response was received from the City
of Fort Lupton.
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.
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 site is located on a one (1) acre parcel in an existing
platted subdivision with an existing residence and improvements located
on the property.
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g. Section 23-2-230.B.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 Susan Maestas and Susan Aranda, for a Site
Specific Development Plan and Use by Special Review Permit #1733 for a Kennel (up to 40
dogs) and an Animal Grooming Shop (dogs and cats) 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-1733.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The dimensions of the parking spaces shall be indicated on the
plat. Parking shall meet the design requirements for off-street
parking spaces, outlined in Appendix 23-A of the Weld County
Code.
3) The scale on the plat.
4) Lamb Avenue is a local gravel road, which requires 60 feet of
right-of-way at full buildout. The applicant shall verify, and
delineate on the plat, the existing right-of-way. All setbacks shall
be measured from the edge of future right-of-way. This road is
maintained by Weld County.
C. In the event the applicant intends to utilize the septic system at the
existing home for visitors, employees, patrons, and/or kennel and
grooming sanitation needs, 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.
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D. Alternately to Condition of Approval #1.C above, the applicant shall install
an Individual Sewage Disposal System (I.S.D.S.) for visitors, patrons, and
kennel and grooming sanitation needs, and the system 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 provide a copy of the new license from the Pet Animal
Care Facilities Act (PACFA), to the Weld County Department of Public
Health and Environment.
F. The applicant shall submit a Dust Abatement Plan, detailing the 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.
G. 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 the 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).
H. Building permits shall be obtained prior to the Change of Use of all
structures and for all existing storage sheds on the property which are
120 square feet in size, and have not been permitted. Building permits
shall meet the following requirements:
1) 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
provide a Code Analysis Data sheet to 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 for each area of the building. Plans shall bear the
wet stamp of a Colorado licensed architect or engineer. The
Occupancy Classification will be determined by Chapter 3 of the
2006 International Building Code.
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2) All building plans shall be submitted to the Fort Lupton Fire
Protection District, for review and approval, prior to the issuance
of building permits.
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. 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.
4. 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 21st day of April, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, C: : ' •DO
E La
ATTEST
t 1861 t( *' ► .i' glas 'ademache , C it
•
Weld County Clerk to the Bo t d
Ct 7 '
��. _rbara Kirkmeyer, o-T-Tem /
Dep Clerk r e bard
Sean P. C ay
AP”VED A$.1-0 FORM: 6/1�,
c William F. Garcia
un y Attorney EXCUSED
David E. Long
Date of signature: tl ia8i10
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SUSAN MAESTAS AND SHARON ARANDA
USR-1733
1. The Site Specific Development Plan and Use by Special Review Permit #1733 is for a
Kennel (up to 40 dogs) and an Animal Grooming Shop (dogs and cats) in the
A (Agricultural) Zone District, and is 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 Grooming Shop shall be from 8:00 a.m., to 5:00 p.m.,
Tuesday through Saturday (occasionally Sundays and Mondays on Holidays).
4. The facility shall be operated by the owner(s) of the property, along with one (1)
part-time employee.
5. The hours of operation for the boarding facility shall be 24 hours per day, 7 days a week.
Dogs shall be kept indoors during night-time hours (7:00 p.m., to 7:00 a.m.).
6. Forty (40) 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.
7. Animal and feed wastes, bedding, debris, and other organic wastes shall be disposed of
so that vermin infestation, odors, disease hazards, and nuisances are minimized. Such
wastes shall be removed at least weekly from the facility and disposed of by a
commercial hauler.
8. 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 which protects against surface and groundwater contamination.
9. 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.
10. Waste materials shall be handled, stored, and disposed of in a manner which controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
11. The applicant shall operate in accordance with the approved Waste Handling Plan.
12. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division
of Animal Industry, if applicable.
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13. 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.
14. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
15. Adequate drinking, hand washing, and toilet facilities shall be provided for employees,
visitors, and patrons of the facility, at all times.
16. 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.) Regulations.
17. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. The facility shall utilize the existing public water supply (Aristocrat Water
Project).
18. 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.
19. The applicant must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
20. The existing access, circulation, and gravel driveway shall be graded and drained, to
provide an all-weather access to the facility
21. The applicant shall utilize the existing residential access to this parcel.
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.
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. A letter of approval from the Fort Lupton Fire Protection District shall be provided prior to
construction of any structure and for the change of use.
26. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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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. Weld County Government personnel 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 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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