HomeMy WebLinkAbout20092124.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1699 FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (DOG AGILITY AND DOG OBEDIENCE TRAINING FOR 35 DOGS) AND
A KENNEL FOR FIVE (5) DOGS IN THE A (AGRICULTURAL) ZONE DISTRICT -
DENNIS AND DENISE COYNE
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 19th day
of August, 2009, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Dennis and Denise Coyne, 7746 County Road 19, Fort Lupton,
Colorado 80621, for a Site Specific Development Plan and Use by Special Review
Permit #1699 for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts (dog agility and dog obedience training for 35
dogs) and a Kennel for five (5) dogs in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot A of Recorded Exemption #1796; being part of
the W1/2 of Section 27, Township 2 North, Range
67 West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing on August 19, 2009, the Board deemed it advisable to
continue the matter to September 2, 2009, due to the applicant's request for the matter to be
considered by a full quorum of the Board, and
WHEREAS, at said hearing on September 2, 2009, 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 23-2-230.8 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.
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SPECIAL REVIEW PERMIT #1699 - DENNIS AND DENISE COYNE
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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 Conditions of Approval and Development Standards will
ensure that the proposed use will be compatible with the area. The
surrounding property is primarily residential in nature.
Section 23-2-240.A.10 of the Weld County Codes states, "...that buffering
or screening of the proposed use from adjacent properties may be
required in order to make the determination that the proposed use is
compatible with the surrounding uses." The applicant has already
installed landscaping which adequately screens the use from surrounding
properties and public rights -of -way.
b. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Sections 23-3-40.R and 23-3-40.H of
the Weld County Code allow for a Site Specific Development Plan and
Use by Special Review Permit for a Use Permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial
Zone Districts (dog agility and dog obedience training for 35 dogs) and a
Kennel for five (5) dogs in the A (Agricultural) Zone District. Previously,
the property was in violation (ZCV08-00346) for the operation of Skyline
Kennels without an approved and recorded Use by Special Review (USR)
permit; however, the violation will now be closed.
c. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The surrounding
properties to the north, south, east, and west are zoned A (Agricultural)
with single-family residences. The property is located with the three-mile
referral area for the Cities of Fort Lupton and Dacono, and the Towns of
Firestone and Frederick. The City of Dacono indicated no conflicts in the
referral dated April 16, 2009, and the Department did not receive a
referral from the City of Fort Lupton or the Towns of Firestone and
Frederick. Therefore, given the minimal impact of the proposed use (dog
agility and dog obedience training for 35 dogs and a Kennel for five (5)
dogs) the use will be compatible with the surrounding land uses. The
surrounding area is agricultural in nature with a few single-family
residences in the area. The Conditions of Approval and Development
Standards will ensure that the use will be compatible 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. The property is not located within an Intergovernmental
Agreement (IGA) Area; however, it is within the three-mile referral area
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SPECIAL REVIEW PERMIT #1699 - DENNIS AND DENISE COYNE
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for the Cities of Fort Lupton and Dacono, and the Towns of Firestone and
Frederick. The City of Dacono indicated no conflicts in the referral dated
April 16, 2009, and the Department did not receive a referral from the City
of Fort Lupton or the Towns of Firestone and Frederick. The surrounding
area is agricultural in nature with a few single-family residences in the
area. The Conditions of Approval and Development Standards will
ensure that the use will be compatible with existing and future
surrounding land uses.
e. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. 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.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 classified as "Prime Irrigated Farmland
of National Importance" and "Irrigated Land Not Prime" as delineated on
the Important Farmlands of Weld County Map, dated 1979. The size of
the parcel (8.75 acres) and the current development of the property is not
conducive to agricultural uses.
g.
Section 23-2-230.B.7 — There is adequate provision for the protection of
the health, safety, and welfare of the inhabitants of the neighborhood and
County. 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 will 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 Dennis and Denise Coyne for a Site Specific
Development Plan and Use by Special Review Permit #1699 for a Use Permitted as a Use by
Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(dog agility and dog obedience training for 35 dogs) and a Kennel for five (5) dogs in the
A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
1. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR-1699.
B. The attached Development Standards.
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The plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code.
D. 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.
E. County Road 19 is designated on the Weld County Road Classification
Plan as a collector road, which requires 80 feet of right-of-way at full
buildout. There is presently 60 feet of right-of-way. The applicant shall
verify the existing right-of-way and the documents creating the
right-of-way. A total of 40 feet from the centerline of County Road 19
shall be delineated on the plat as future right-of-way for the expansion of
County Road 19. All setbacks shall be measured from the edge of the
future right-of-way. This road is maintained by Weld County.
2. The applicant shall address the requirements and concerns of the Weld County
Department of Building Inspection, as stated in the referral response dated
April 16, 2009. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
3. The applicant shall address the requirements and concerns of the Central Weld
County Water District, as stated in the referral response dated April 16, 2009.
Evidence of such shall be submitted, in writing, to the Weld County Department
of Planning Services.
4. Upon completion of Conditions of Approval #1, #2, and #3 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 thirty (30) days from the date of the Board
of County Commissioners Resolution. The applicant shall be responsible for
paying the recording fee
5. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, should the plat not be recorded within the required thirty (30) days from the
date of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall added for each additional three (3) month period.
6. The Department of Planning Services respectfully requests the surveyor provide
a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg,
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.dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles,
Arclnfo Coverages and Arclnfo Export files format type is .e00. 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.
7. 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 2nd day of September, A.D., 2009.
ATTEST:
Weld County Clerk to the Board
BY: Car/ ,0% S' X61
Deputy Cldrk to the Board
APPROVE ASJO FORM:
County Attorney
Date of signature: /o/V67
BOARD OF COUNTY COMMISSIONERS
LD COUN COLORADO
7
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David E. Long
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DENNIS AND DENISE COYNE
USR-1699
1. A Site Specific Development Plan and Use by Special Review Permit #1699 is for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (dog agility and dog obedience training for 35
dogs) and a Kennel for five (5) dogs 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. 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.
4. 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.
5. 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.
6. 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.
7. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
8. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division
of Animal Industry.
9. 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.
10. 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.
11. Adequate hand washing and toilet facilities shall be provided for employees and patrons
of the facility, at all times.
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12. 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.
13. The facility shall utilize the existing public water supply (Central Weld County Water
District).
14. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
15. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
16. Effective January 1, 2003, building permits issued on the lot will be required to adhere to
the fee structure of the County -Wide Road Impact Fee Program.
17. 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.
18. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
19. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
20. A building permit shall be obtained prior to the Change of Use, or construction of any
new structures.
21. A plan review is required for each building 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, provided by the Weld County Department of
Building Inspection, with each building permit. Submittal plans shall include a floor plan
showing the specific uses of each area for the building. The Occupancy Classification
will be determined by Chapter 3 of the 2006 International Building Code. The plans shall
also include the design for fire separation and occupancy separation walls, when
required by Chapters 5 and 7 of the 2006 International Building Code. Fire Protection
shall conform to Chapter 9 and exiting requirements by Chapter 10.
22. 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
Plumbing Code; 2006 International Fuel Gas Code; 2008 National Electrical Code, and
Chapter 29 of the Weld County Code.
23. All building plans shall be submitted to the Fort Lupton Fire Protection District, for review
and approval, prior to issuance of building permits.
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24. 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.
25. The screening on the site shall be maintained in accordance with the approved
Screening Plan.
26. Hours of operation for the dog agility and dog obedience training shall be from
October 1, to March 31, between the hours of 9:00 a.m., and 7:00 p.m.; and from April 1,
to September 31, between the hours of 8:00 a.m., to 8:00 p.m.
27. The hours of operation for the kennel shall be 24 hours per day, 7 days per week. Dogs
for the kennel shall be kept indoors during night-time hours (7:00 p.m., to 8:00 a.m.).
28. Thirty five (35) 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.
29. The number of employees for the kennel and dog obedience and agility training shall be
limited to six (6).
30. 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.
31. 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.
32. 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.
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.
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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.
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