HomeMy WebLinkAbout20102448.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1751 FOR A KENNEL (TO ACCOMMODATE 50 DOGS OF TWO SPECIFIC
BREEDS: MINIATURE DACHSHUND AND BERNESE MOUNTAIN DOGS),
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 IN
THE A (AGRICULTURAL) ZONE DISTRICT-WILLIAM ASKEW, C/O JANE STAMP
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 27th day
of October, 2010, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of William Askew, 962 5th Street, Berthoud, Colorado 80513, do Jane
Stamp, 8029 County Road 50, Johnstown, Colorado 80534, for a Site Specific Development
Plan and Use by Special Review Permit#1751 for a Kennel (to accommodate 50 dogs of two
specific breeds: miniature Dachshund and Bernese Mountain Dogs), 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 in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Part of the SW1/4 of Section 33, Township 5 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Jane Stamp, 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.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
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SPECIAL REVIEW PERMIT#1751 -WILLIAM ASKEW, C/O JANE STAMP
PAGE 2
agriculture." The parcel on which the Kennel facility is located consists of
approximately 1.2 acres, and there are existing improvements, including:
the residence, several outbuildings, and a garage. The kennel is for the
raising and breeding of miniature Dachshund and Bernese Mountain
Dogs. 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 the Little Thompson Water District and an Individual
Sewage Disposal System (I.S.D.S.) handles the effluent flows.
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 (to accommodate 50 dogs of two (2) breeds)
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 existing kennel
has an active zoning violation (ZCV-09-00271) for the presence of too
many household pets. The applicant is seeking approval at this location
for up to 50 dogs of two (2) breeds. Surrounding properties are
predominately agricultural in character. The Conditions of Approval and
Development Standards will ensure that this use is compatible with
adjacent 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 area for the
Towns of Johnstown and Milliken and the City of Greeley. The Town of
Milliken returned a referral indicating no conflicts with its interests, and the
City of Greeley and the Town of Johnstown did not provide a referral
response.
e. Section 23-2-230.B.5 -- The site is not located within the floodplain, as
defined by the FIRM Community Panel Map 080266-0750C, dated
September 28, 1982. 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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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 site is located on land designated as "Prime",
according to the U.S. Department of Agriculture Soil Conservation Map,
dated 1979. The parcel, 1.2 acres in size, is surrounded by three County
roads and is a result of the realignment of County Road 17.
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
Chapter 23 of the Weld County Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of William Askew, c/o Jane Stamp, for a Site
Specific Development Plan and Use by Special Review Permit #1751 for a Kennel (to
accommodate 50 dogs of two specific breeds: miniature Dachshund and Bernese Mountain
Dogs), 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 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 plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code.
B. All plat sheets shall be labeled USR-1751.
C. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) County Roads 50 and 17 are designated on the Weld County
Road Classification Plan as arterial roads, which require 140 feet
of right-of-way at full buildout. There is presently 60 feet of
right-of-way. An additional 40 feet shall be delineated on the plat
as future rights-of-way for County Roads 50 and 17. All setbacks
shall be measured from the edge of future right-of-way. The
applicant shall verify the existing right-of-way and the documents
creating the right-of-way. If the right-of-way cannot be verified, it
shall be dedicated. This road is maintained by Weld County.
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3) One single point of ingress and egress to County Road 50 must
be delineated on the plat. All other accesses must be removed
from the plat.
4) The applicant shall show and label the water quality area
downstream of the dog runs.
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 which will prevent trash from being scattered by wind or
animals.
6) Three (3) parking spaces for the kennel must be delineated on the
plat. A designated parking area for the property owner, separate
from the three (3) required parking spaces for the commercial
operation, must also be delineated. The dimensions of parking
spaces shall be indicated on the plat. Parking shall meet the
design requirements for off-street parking outlined in
Appendix 23-A of the Weld County Code.
7) All on-site lighting must be delineated on the plat.
8) If a sign is proposed, the location shall be shown on the plat a
minimum of twenty (20) feet to the north of future right-of-way for
County Road 50 and/or twenty (20) feet to the west of County
Road 17. The size of the sign is limited to 16 square feet.
9) The applicant shall delineate the internal circulation pattern.
D. All vehicles located on the property must be operational with current
license plates, or be screened from all adjacent properties and public
rights-of-way, or be removed from the property. All other items
considered to be part of a noncommercial junkyard must also be removed
from the property or screened from adjacent properties and public
rights-of-way.
E. 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. Written evidence of approval from the Weld County
Department of Public Health and Environment shall be submitted to the
Department of Planning Services.
F. The applicant shall submit a Screening Plan for all outdoor storage,
including, but not limited to, the trash dumpster.
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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. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of October, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
J'. / ELD COUNTY, COLORADO
ATTEST:
1861 ( • 1M�.la Radem-a'er, Chair
Weld County Clerk to the Bo';
Pelt
�®ij bara Kirkmeye , Pro-Tem/
BY: to a . 2i1C��'r•�I�
Dep ,t Cler Jo the Boar. �, \
Sean gnway
APPRO D AS TO M: UJ J
W iam F. Garcia
County Attorney
David E. Long �)
Date of signature: II �l �I V
2010-2448
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WILLIAM ASKEW, C/O JANE STAMP
USR #1751
1. A Site Specific Development Plan and Use by Special Review Permit #1751 is for a
Kennel (to accommodate 50 dogs of two (2) specific breeds: miniature Dachshund and
Bernese Mountain Dogs), 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 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. The facility is limited to family and up to two (2) employees.
4. Dogs shall be kept indoors during night-time hours (7:00 p.m., to 7:00 a.m.).
5. The facility is open for business from 9:00 a.m., through 8:00 p.m., daily.
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 from the facility and disposed of 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 which 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 which 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, if applicable.
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.
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13. This facility shall adhere to the maximum permissible noise levels for non-specified
areas, as delineated in Section 14-9-30 of the Weld County Code.
14. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and clients of the facility, at all times.
15. 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 and/or kennel
sanitation needs, the septic system shall be reviewed by a Colorado registered
professional engineer if the usage exceeds six (6) 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.
16. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. The facility shall utilize the existing public water supply (Little Thompson
Water District).
17. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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. 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.
20. The existing residential access and gravel driveway shall be graded and drained to
provide all-weather access to the facility.
21. There will be no parking or staging of vehicles associated with this facility on the County
roads.
22. Building permits shall be obtained prior to starting. 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.
23. 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, 2006 International Mechanical Code, 2006 International
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Plumbing Code, 2008 National Electrical Code, 2006 International Energy Code; 2003
ANSI 117.1 Accessibility Code, and Chapter 29 of the Weld County Code.
24. All building plans shall be submitted to the Johnstown Fire Protection District, for review
and approval, prior to issuance of building permits.
25. 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.
26. 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.
27. The landscaping on the site shall be maintained in accordance with the approved
Screening Plan.
28. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
29. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
30. 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.
31. 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.
32. 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.
33. 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.
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