HomeMy WebLinkAbout20092987.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1714 FOR A KENNEL (UP TO 30 DOGS OF A NON-SPECIFIC BREED,
INCLUDING DOG GROOMING, BOARDING, DOGGIE DAYCARE, AND TRAINING)
IN THE A (AGRICULTURAL) ZONE DISTRICT - ANTHONY AND SHERRY REIS
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 18th day
of November, 2009, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Anthony and Sherry Reis, 29825 County Road 398, Keenesburg,
Colorado 80643, for a Site Specific Development Plan and Use by Special Review
Permit #1714 for a Kennel (up to 30 dogs of a non-specific breed, including dog grooming,
boarding, doggie daycare, and training) in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot A of Recorded Exemption #3481; being part of
the NW1/4 of Section 25, Township 2 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicants were 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.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 land uses." Dog grooming will be by
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SPECIAL REVIEW PERMIT #1714 - ANTHONY AND SHERRY REIS
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appointment only and boarding/doggie daycare and training hours will be
during daylight hours from 7:00 a.m., until 7:00 p.m., and any dogs to be
boarded overnight shall be kept indoors during evening 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.K of the Weld County
Code provides for Kennels (up to 30 dogs of a non-specific breed,
including dog grooming, boarding, daycare, and training) as a Use by
Special Review in the A (Agricultural) Zone District.
c. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The proposed facility
is located approximately 900 feet east of two existing single family
residences and approximately 1,800 feet from the nearest residence to
the northeast. Agricultural land is located immediately to the north of the
site and vacant land is located to the south, across County Road 398 and
the railroad. The dog kennels are located on the east side of the
residence (the residence screens the kennel enclosure from the nearest
residences to the west). The attached Conditions of Approval and
Development Standards will ensure that the 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 Town of Keenesburg, and the kennel is located immediately to the
north of the town limits of Keenesburg, across County Road 398 and the
railroad. The Town of Keenesburg indicated no conflicts with the
proposal.
e. Section 23-2-230.8.5 -- 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 seven (7) acre parcel with an
existing residence and improvements located on the property.
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
g
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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 Anthony and Sherry Reis, for a Site Specific
Development Plan and Use by Special Review Permit #1714 for a Kennel (up to 30 dogs of a
non-specific breed, including dog grooming, boarding, doggie daycare, and training) in the
A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
Prior to recording the plat:
A. All plat sheets shall be labeled USR-1714.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The water quality feature approved by the Department of Public
Works shall be indicated on the plat. The area for the water
quality feature shall state "Reserved Drainage Area, No Build" on
the USR site plan.
3) The dimensions of parking spaces shall be indicated on the plat.
Parking shall meet the design requirements for off-street parking,
as outlined in Appendix 23-A of the Weld County Code.
4) Indicate the scale of the plot plan map.
5) County Road 398 is designated on the Weld County Road
Classification Plan as 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 and the documents
creating the right-of-way. All setbacks shall be measured from the
edge of future right-of-way. If the right-of-way cannot be verified,
it shall be dedicated. This road is maintained by Weld County.
The applicant shall address the requirements of the Weld County
Department of Building Inspection, as stated in the referral dated
September 17, 2009. A building permit shall be obtained for the change
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of use of the existing outbuilding on the property for the dog grooming
business. Evidence of such shall be submitted to the Department of
Planning Services.
D. In the event the applicant intends to utilize the septic system at the
existing home for visitor, employee, patron 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. Alternately, the applicant may install
an Individual Sewage Disposal System (I.S.D.S.) for visitors, patrons, and
kennel and grooming sanitation needs, which 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 submit written evidence from the Colorado Division of
Water Resources, demonstrating that the well is appropriately permitted
for the commercial use.
F. 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 one
hundred eighty (180) 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 activity which is the subject of the Use by Special Review may occur, and
building or electrical permits may be issued on the property, prior to the recording
of the Use by Special Review plat 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 18th day of November, A.D., 2009.
ATTEST:
Weld County Clerk to the
BY''
De Clerk otheBoard
APPROVED t9YORM
arbara Kirkmeyer
Kt_-
BOARD OF COUNTY COMMISSIONERS
WELD UNITCOLORADO
oug -s Radema her, Pro-Tem
5
Sea n,P.Conway 2
4
County Attorney
Date of signature: I I6I0ej
EXCUSED
David E. Long
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ANTHONY AND SHERRY REIS
USR #1714
1. The Site Specific Development Plan and Use by Special Review Permit #1714 is for a
Kennel (up to 30 dogs of a non-specific breed, including dog grooming, boarding, doggie
daycare, and training) 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 Dog Grooming shall be from 9:00 a.m., until 5:00 p.m.,
Tuesday through Friday, and from 10:00 a.m., until 2:00 p.m., on Saturdays. Hours of
the operation for the Daycare facility shall be from 7:00 a.m., until 7:00 p.m., Monday
through Sunday; and Dog Training classes shall be held June through August, between
the hours of 7:00 a.m., and 9:00 a.m.
4. The facility will be operated by the owner(s) of the property.
5. The hours of operation for the boarding facility shall be 24 hours a day, 7 days a week.
Dogs shall be kept indoors during night-time hours (7:00 p.m. to 7:00 a.m.).
6. Thirty (30) 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.
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12. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division
of Animal Industry, if applicable.
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 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.
17. The facility shall utilize the existing private water supply (Well Permit 253316).
18. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
19. This application is proposing a well as its source of water. The applicant shall be made
aware that while it may be possible to obtain a well permit from the Office of the State
Engineer, Division of Water Resources, the quantity of water available for usage may be
limited to specific uses, i.e. domestic use only, etcetera. Also, the applicant shall be
made aware that 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 over time.
20. 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.
21. The applicant must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
22. Off-street parking spaces, including the access drive, shall be surfaced with gravel,
recycled asphalt, or the equivalent, and shall be graded to prevent drainage problems.
23 The applicant shall utilize the existing residential/agricultural access to this parcel and
must maintain a 30 -foot turning radius at the access.
24. 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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25. Effective January 1, 2003, building permits issued on the proposed lot 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. A building permit shall be obtained for the change of use for the dog grooming business
and prior to the construction of any new buildings, including the dog kennel.
28. A plan review is required for each building for which a building permit is required. Plans
shall bear the wet stamp of a Colorado registered architect or engineer. Two complete
sets of plans are required when applying for each permit.
29. 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.
30. Building height shall be measured in accordance with the 2006 International Building
Code for the purpose of determining the maximum building size and height for various
uses and types of construction, and to determine compliance with the Bulk
Requirements from Chapter 23 of the Weld County Code. Building height shall be
measured in accordance with Chapter 23 of the Weld County Code in order to determine
compliance with offset and setback requirements. When measuring buildings to
determine offset and setback requirements, buildings are measured to the farthest
projection from the building. Property lines shall be clearly identified, and all property
pins shall be staked, prior to the first site inspection.
31. The applicant shall provide a letter of approval from the Southeast Weld Fire Protection
District prior to construction of any structure and for the change of use.
32. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
33. The landscaping on the site shall be maintained in accordance with the approved
Landscape Plan.
34. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
35. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
36. 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.
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37. 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.
38. 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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