HomeMy WebLinkAbout20091661.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1701 FOR A KENNEL (15 DOGS) AND ONE SINGLE FAMILY DWELLING
UNIT PER LOT (SECOND HOME ON THE PROPERTY) IN THE A (AGRICULTURAL)
ZONE DISTRICT - HADLEY BARRETT AND LEE BRENNER-BARRETT
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 22nd day
of July, 2009, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Hadley Barrett and Lee Brenner -Barrett, 25471 County Road 50,
Kersey, Colorado 80644, for a Site Specific Development Plan and Use by Special Review
Permit #1701 for a Kennel (15 dogs) and one single family dwelling unit per lot (second home
on the property) in the A (Agricultural) Zone District, on the following described real estate,
being more particularly described as follows:
Lot B of Recorded Exemption #1568; being part of
the SE1/4 of Section 32, Township 5 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and represented by Sheri
Lockman, Lockman Land Consulting, 36509 County Road 41, Eaton, Colorado 80615, 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 23-2-230.8.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
Section 22-2-90.E (C.Goal 5) states, "minimize the incompatibilities that
occur between commercial uses and surrounding properties." The site
currently has two homes and two additional buildings that each have six
(6) kennels in them. There is also a large fenced area used for exercising
the dogs. The dogs are fitted with bark collars to minimize the barking on
the site. The site has mature trees and the kennels are not able to be
2009-1661
o
aC PL_ At C{����)/ PFZ,i(7 PL2020 C791q /bq
SPECIAL REVIEW PERMIT #1701 — HADLEY BARRETT AND LEE BRENNER-BARRETT
PAGE 2
seen from the shared drive accessing the property. The Conditions of
Approval and Development Standards will ensure that the proposed use
will be compatible with the vicinity. The property is proposed to be
serviced by the Central Weld County Water District and an Individual
Sewage Disposal System. There is an existing well on the site, which is
not permitted for commercial use. The application is proposing to utilize
the well water for irrigation of the property.
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.H and 23-3-40.L of
the Weld County Code provide for a Site Specific Development Plan and
Use by Special Review Permit for a Kennel (15 dogs) and one single
family dwelling unit per lot (second home on the property) in the
A (Agricultural) Zone District. The applicant is requesting a larger sign
than what is allowed in the A (Agricultural) Zone District. The applicant is
requesting a 35 -square -foot (five [5] feet by seven [7] feet) sign on the
property. The A (Agricultural) Zone District allows for one freestanding
sign not to exceed sixteen (16) square feet. The Department of Planning
Services supports the request for a 35 -square foot -sign.
c. Section 23-2-230.8.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The surrounding
property is primarily agricultural in nature with a few homes in close
proximity. There are twelve parcels within 500 feet of the property. No
comments have been received from the surrounding property owners.
The Conditions of Approval and Development Standards will ensure
compatibility with the surrounding area.
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 three miles of the Town of
Kersey. No comments were received from the Town of Kersey.
e. Section 23-2-230.6.5 -- The site does not lie within 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.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
2009-1661
PL2020
SPECIAL REVIEW PERMIT #1701 — HADLEY BARRETT AND LEE BRENNER-BARRETT
PAGE 3
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 Hadley Barrett and Lee Brenner -Barrett, for a
Site Specific Development Plan and Use by Special Review Permit #1701 for a Kennel
(15 dogs) and one single family dwelling unit per lot (second home on the property) 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 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 (WCPHE).
Evidence of approval by the Department of Public Health and
Environment shall be provided to the Department of Planning Services.
B. The applicant shall provide written evidence to the WCPHE that the
Colorado Department of Agriculture (CDA), Division of Animal Industry,
has been contacted. This contact shall determine if a license under the
Pet Animal Care Facilities Act (PACFA), as defined under
Sections 35-80-101 through 117, C.R.S., is required, or evidence shall be
provided that the applicant is not subject to the PACFA requirements. If a
license is required, a copy of the license shall be provided to the
WCDPHE. Evidence of approval by the Department of Public Health and
Environment shall be provided to the Department of Planning Services.
C. 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. Evidence of approval by the
Department of Public Health and Environment shall be provided to the
Department of Planning Services. 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 the 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).
The existing septic system shall be reviewed by a Colorado registered
professional engineer for use in the kennel and grooming operations.
The review shall consist of observation of the system and a technical
2009-1661
PL2020
SPECIAL REVIEW PERMIT #1701 — HADLEY BARRETT AND LEE BRENNER-BARRETT
PAGE 4
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. Evidence of approval by the Department of Public Health
and Environment shall be provided to the Department of Planning
Services.
E. The applicant shall complete a Recorded Exemption on the property. The
application shall be submitted to the Department of Planning Services.
The purpose of the Recorded Exemption is to have the USR boundary
coincide with the property boundary. Alternately, the applicant may
delineate the USR boundary to coincide with the property boundary.
F. A request to vacate USR-663, for a recreation facility for horses, shall be
submitted to the Department of Planning Services, to be presented to the
Board of County Commissioners. USR-663 currently encompasses three
parcels. All three property owners shall sign the letter requesting to
vacate the USR. The other two property owners are Troy Hoffman and
David Reynolds.
The applicant shall submit three (3) paper copies of the plat, for
preliminary approval, to the Weld County Department of Planning
Services.
H. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1701.
2) The attached Development Standards.
3) Off-street parking spaces, including the access drive, shall be
surfaced with gravel, or the equivalent, and shall be graded to
prevent drainage problems.
4) County Road 50 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. There is presently 60 feet of
right-of-way. The applicant shall verify and delineate on the plat
the existing right-of-way and the documents creating the
right-of-way.
5) The 20 -foot existing access and utility easement (rec #1602396)
shall be shown on the plat. The easement shall be graded and
drained, to provide an all-weather access.
6) The approved Lighting Plan.
2009-1661
PL2020
SPECIAL REVIEW PERMIT #1701 — HADLEY BARRETT AND LEE BRENNER-BARRETT
PAGE 5
7) The approved Landscape and Screening Plan.
8) The approved sign location and dimensions.
9) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
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 120
days from the date of the Board of County Commissioners Resolution. The
applicant shall be responsible for paying the recording fee.
3. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, should the plat not be recorded within the required 120 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.
4. The Department of Planning Services respectfully requests the surveyor provide
a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg,
.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.
5. 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.
2009-1661
PL2020
SPECIAL REVIEW PERMIT #1701 — HADLEY BARRETT AND LEE BRENNER-BARRETT
PAGE 6
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of July, A.D., 2009.
BOARD OF COUNTY COMMISSIONERS
WELD COIUN�I(, COLORADO
ATTEST:
Weld County Clerk to thelbo
Deputy Cler
Sean P. Conway
i
APPROVED AS T2tORM:
County ATtlorney
Date of signature: 5(1(61
a Kirkmeyer
David E. Long
2009-1661
PL2020
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HADLEY BARRETT AND LEE BRENNER-BARRETT
USR #1701
1. A Site Specific Development Plan and Use by Special Review Permit #1701 is for a
kennel (15 dogs) and one single family dwelling unit per lot (second home on the
property) 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. The property is limited to 15 adult dogs on the site.
4. The number of employees shall be limited to two (2).
5. The hours of operation are 24 hours per day, seven (7) days per week.
6. The second home shall be for a person related to the business on the property.
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.
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.
2009-1661
PL2020
DEVELOPMENT STANDARDS - HADLEY BARRETT AND LEE BRENNER-BARRETT
(USR #1701)
PAGE 2
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 hand washing and toilet facilities shall be provided for employees and visitors
of the facility.
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 public water supply. (Central Weld County Water
District).
18. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division,
for any development, redevelopment, or construction where a contiguous or
non-contiguous land disturbance is greater than, or equal to, one (1) acre in area.
19. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
20. Effective January 1, 2003, building permits issued on the lot will be required to adhere to
the fee structure of the Weld County Road Impact Fee Program.
21. 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.
22. The applicant shall adhere to the approved Lighting Plan.
23. The applicant shall adhere to the approved Landscape and Screening Plan.
24. No parking or staging is allowed on County Roads.
25. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
26. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
27. Building permits shall be obtained prior to the construction of any building. Buildings
which meet the definition of an Agricultural Exempt Building, per the requirements of
Sections 29-1-20 and 29-3-20.B.13 of the Weld County Code, do not need building
permits; however, a Certificate of Compliance must be filed with the Department of
Planning Services, and an electrical and/or plumbing permit is required for any electrical
service to the building or water for watering or washing of livestock or poultry.
2009-1661
PL2020
DEVELOPMENT STANDARDS - HADLEY BARRETT AND LEE BRENNER-BARRETT
(USR #1701)
PAGE 3
28. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application.
29. All building plans shall be submitted to Platte Valley Fire Protection District, for review
and approval, prior to the issuance of Building Permits.
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:
2009-1661
PL2020
Hello