HomeMy WebLinkAbout20092741.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1710 FOR A KENNEL (UP TO 39 DOGS OF A NON-SPECIFIC BREED TO
INCLUDE DOGGIE DAYCARE AND BOARDING) IN THE A (AGRICULTURAL) ZONE
DISTRICT - TANNER AND SARAH HILL AND DWIGHT AND LEE HILL
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 October, 2009, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Tanner and Sarah Hill, 5286 County Road 3, Erie, Colorado 80516,
and Dwight and Lee Hill, 11740 Quail Road, Longmont, Colorado 80501, for a Site Specific
Development Plan and Use by Special Review Permit #1710 for a Kennel (up to 39 dogs of a
non-specific breed to include doggie daycare and boarding) in the A (Agricultural) Zone District,
on the following described real estate, being more particularly described as follows:
Lot A of Recorded Exemption #1593; being located
in part of the SW1/4 of Section 5, Township 1
North, Range 68 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 (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
agriculture." The parcel on which the Kennel facility is located is a
Recorded Exemption created in May 1994, and consists of approximately
5.21 acres. There are existing improvements, including the Hill
residence, an accessory building built in 1909, and several outbuildings,
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including a barn, thereby making it impractical to utilize the site for
agricultural production.
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 a Kennel (up to 39 dogs of a non-specific breed to
include doggie daycare and boarding) 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,
which does not have an active zoning permit, is located on a small parcel
surrounded in all directions by large parcels utilized as large tract
residential properties with agrarian uses. The kennel is located in a
structure adjacent to the east property line, far enough away from the
road. The outdoor exercise areas are located south of the kennel building
and east of and adjacent to County Road 3. The New Consolidated
Lower Boulder Reservoir and Ditch Company borders the property to the
north. The Conditions of Approval and Development Standards will
ensure that this use is compatible with adjacent properties.
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
Towns of Erie and Frederick, the City of Dacono, and Boulder County.
The Town of Erie, in a referral dated July 30, 2009, indicated it had
reviewed the request and found no conflict with its interests. No other
responses were received.
e. Section 23-2-230.B.5 -- The site is not located within the floodplain, as
defined by the FIRM Community Panel Map 080266-0960D, dated
September 28, 1990. 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 site is located on land designated as "Prime if
Irrigated", according to the United States Department of Agriculture
(U.S.D.A.) Soil Conservation Map, dated 1979. There is no irrigation
water associated with this parcel.
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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 Tanner and Sarah Hill, and Dwight and Lee Hill,
for a Site Specific Development Plan and Use by Special Review Permit #1710 for a Kennel (up
to 39 dogs of a non-specific breed to include doggie daycare and boarding) 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-1710.
B. The plat shall be amended to delineate the following:
1. The attached Development Standards.
2. County Road 3 is designated on the Weld County Road
Classification Plan as a major arterial road, which requires
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 County Road 3 right-of-way. 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.
3. The minimum turning radius for the residential/agricultural access
to the facility shall be thirty (30) feet from County Road 3.
4. If a sign is proposed, the location shall be shown on the plat a
minimum of 60 feet to the east of future right-of-way for County
Road 3. The size of the sign is limited to 16 square feet.
5. A water quality capture feature to control runoff from the property
is required. Calculations provided for the water quality capture
feature are acceptable. The area for the water quality feature
shall be called out as "Reserved Drainage Area, No Build" on the
USR site plan.
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6. Internal access drives, off-street parking spaces, and delivery
areas shall be surfaced with gravel, recycled asphalt, or the
equivalent, and shall be graded to prevent drainage problems.
This shall be specifically delineated and labeled.
The applicant shall address the requirements of the Weld County
Department of Public Works, as outlined in the referral dated August 24,
2009. Written evidence of approval, with all conditions met or mitigated,
shall be submitted to the Department of Planning Services.
D. The applicant shall address the requirements of the Weld County
Department of Public Health and Environment, as outlined in the referral
dated August 26, 2009. Written evidence of approval, with all conditions
met or mitigated, shall be submitted to the Department of Planning
Services.
The applicant shall submit a Dust Abatement Plan (on -site dust),
for review and approval, to the Environmental Health Services
Division of the Weld County Department of Public Health and
Environment.
2. A copy of the current Pet Animal Care Facilities Act license shall
be provided to the Weld County Department of Public Health and
Environment.
3. 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:
a) A list of wastes which are expected to be generated on the
site (this should include expected volumes and types of
waste generated).
b) A list of the type and volume of chemicals expected to be
stored on the site.
c) The waste handler and facility where the waste will be
disposed of (including the facility name, address, and
phone number).
4. In the event the applicant intends to utilize the existing septic
system at the existing home for visitor, patron, and/or kennel
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 from the residence occupants and visitors. The review shall
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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.
5. Alternately to item #4 above, the applicant shall install an
Individual Sewage Disposal System (I.S.D.S.) for visitors/patrons,
and kennel sanitation needs, and it 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.
6. All septic systems located on the property shall have appropriate
permits from the Weld County Department of Public Health and
Environment. The Environmental Health Services Division of the
Weld County Department of Public Health and Environment was
unable to locate a septic permit for the house constructed in 1909.
Any existing septic system which is not currently permitted
through the Weld County Department of Public Health and
Environment will require an I.S.D.S. evaluation prior to the
issuance of the required septic permit. In the event the system is
found to be inadequate, the system must be brought into
compliance with current I.S.D.S. regulations. Alternately, the
owner may provide documentation indicating the residence will be
used for storage purposes only.
E. The applicant shall address the concerns of the Boulder Valley
Conservation District, as outlined in the referral dated August 10, 2009,
specific to a noxious weed control plan developed with the Weld County
Noxious Weed Division. Further, the applicant shall submit a plan to
specifically address the blowing soil conditions associated with this
parcel. Written evidence of approval, with all conditions met or mitigated,
shall be submitted to the Department of Planning Services.
The applicant shall address the concerns of the Mountain View Fire
Protection District, as outlined in the referral dated August 20, 2009.
Written evidence of approval, with all conditions met or mitigated, shall be
submitted to the Department of Planning Services.
G. The applicant shall attempt to address the concerns of the Colorado
Division of Wildlife, as stated in the referral dated August 17, 2009.
Written evidence of approval, with all conditions met or mitigated, shall be
submitted to the Department of Planning Services.
H. The applicant shall address the concerns of the New Consolidated Lower
Boulder Reservoir and Ditch Company, as outlined in the referral dated
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July 30, 2009. Written evidence of approval, with all conditions met or
mitigated, shall be submitted to the Department of Planning Services.
The applicant shall submit documentation indicating that the second
residence located on the property is an accessory structure and is not
utilized at anytime for overnight habitation. Further, the applicant shall
contact the Assessor's Office to request that the structure be assessed as
an accessory structure.
J. The applicant shall submit two (2) 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.
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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 October, A.D., 2009.
BOARD OF COUNTY COMMISSIONERS
WELD CQ TY, COLORADO
ATTEST:
William F. Garcia, Chair
Weld County Clerk to the Board';
BY:
Deputy Clerk to the Board
AP..POVED AS TO FORM:
,,a
County Attorney
Date of signature: //-9
David E. Long
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TANNER AND SARAH HILL
DWIGHT AND LEE HILL
USR #1710
1. The Site Specific Development Plan and Use by Special Review Permit #1710 is for a
Kennel (up to 39 dogs of a non-specific breed to include doggie daycare and boarding)
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 Doggie Daycare are during the business hours of 7:00 a.m., to
6:00 p.m.
4. Hours of operation for the Boarding component are 24 hours per day.
5. Dogs shall be kept indoors during nighttime hours (8:00 p.m., to 7:00 a.m.).
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 at least weekly 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 allowed in the
Commercial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
14. Adequate hand washing and toilet facilities shall be provided for visitors of the facility at
all times.
15. 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.
16. The facility shall utilize the existing public water supply (Left Hand 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. The applicant must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
20. 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.
21. Only one point of access shall be allowed to the parcel. Should the applicant/operator
desire to modify the primary point of ingress and egress, approval must be granted by
the Department of Public Works.
22. There will be no parking or staging of vehicles associated with this facility on the County
roads.
23. 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.
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 landscaping on the site shall be maintained in accordance with the approved
Landscape Plan.
26. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
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27. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
28. 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.
29. 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.
30. 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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