HomeMy WebLinkAbout20060064.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1525 FOR A KENNEL(80 DOGS, INCLUDING A DOG DAY CARE)IN THE
A (AGRICULTURAL) ZONE DISTRICT - DEBORAH LOWRY
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 14th day of
December,2005,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing
the application of Deborah Lowry, 7019 Weld County Road 5, Erie, Colorado 80516, for a Site
Specific Development Plan and Use by Special Review Permit #1525 for a Kennel (80 dogs,
including a dog day care)in the A(Agricultural)Zone District on the following described real estate,
being more particularly described as follows:
Part of the S1/2 SE1/4 of Section 29, Township 2
North, Range 68 West of the 6th P.M.,Weld County,
Colorado
WHEREAS,at said hearing the applicant requested a continuance, due to unforeseen
circumstances which required her to be out of town, therefore, the Board deemed it advisable to
continue the matter to January 11, 2006, at 10:00 a.m.,
WHEREAS,on January 11,2006,said applicant was represented by Dennis Drumm,4141
Arapahoe Avenue, Suite 101, Boulder, Colorado 80303, 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 recommendations 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 23-2-230.6 of the Weld County Code as follows:
a. Section 23-2-230.6.1 --The proposed use is consistent with Chapter 22 and
any other applicable code provisions or ordinance in effect. Section 22-2-60
(A.Goal 1)states,"Conserve agricultural land for agricultural purposes which
foster the economic health and continuance of agriculture." The area
consists of two acres and is currently being utilized as a kennel. The existing
improvements on the site make it impractical to farm.
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SPECIAL REVIEW PERMIT#1525 - DEBORAH LOWRY
PAGE 2
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.H of the Weld County Code
provides for a Kennel as a Use by Special Review in the Agricultural Zone
District. The site is currently in violation(VI-0500192)for the operation of a
kennel/doggy day care without the necessary permits;however,approval of
this Use by Special Review application brings the property into compliance.
c. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding area is primarily
agricultural in nature, with a few single family homes in the vicinity. The
Conditions of Approval and Development Standards ensure a minimal
impact on the existing and future residences.
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 lies
within the three-mile referral area for the City of Longmont, Towns of Mead
and Berthoud, and Larimer County. All municipalities returned a referral
indicating no conflict with their interests. Larimer County did not respond to
the referral request.
e. Section 23-2-230.B.5 -- The site does not lie within any Overlay Districts.
Effective January 1,2003,building permits issued on the subject site will be
required to adhere to the fee structure of the County-Wide Road Impact
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.
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 designated "Prime" by the United States Department of
Agriculture (USDA) Soil Conservation Service.
g. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240, Weld
County Code),Operation Standards(Section 23-2-250,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.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Deborah Lowry for a Site Specific Development Plan and
Use by Special Review Permit #1525 for a Kennel (80 dogs, including a dog day care) in the
A (Agricultural) Zone District on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
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SPECIAL REVIEW PERMIT#1525 - DEBORAH LOWRY
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1. Prior to recording the plat:
A. All sheets of the plat shall be labeled USR-1525.
B. The applicant shall address the requirements and concerns of the Mountain
View Fire Protection District, as stated in the referral responses dated
August 9, 2005, and September 16, 2005. Evidence of such shall be
submitted, in writing,to the Weld County Department of Planning Services.
C. The applicant shall attempt to address the requirements of the Weld County
Sheriffs Office, as stated in the referral response dated August 17, 2005.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
D. The applicant shall address the requirements and concerns of the Weld
County Department of Building Inspection,as stated in the referral response
dated August 17, 2005. Evidence of such shall be submitted, in writing, to
the Weld County Department of Planning Services.
E. The applicant shall complete and submit the appropriate zoning and building
permit applications, and pay the appropriate fees to the Weld County
Department of Planning Services for the change of use of the existing
1,800-square-foot pole barn to a Kennel(B occupancy), and the change of
use of the milking room to the office (B occupancy). A building permit will
also be required for the 120-square-foot Victorian House.
F. The applicant shall provide a Lighting Plan. Should exterior lighting be a part
of this facility, all light standards shall be delineated on the plat and be in
accordance with Section 23-3-250.B.6 of the Weld County Code.
G. 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 Environmental
Health Services Division shall be submitted to the Department of Planning
Services. The plan shall include, at a minimum, the following:
1) A list of 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 chemicals expected to be stored on
the site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
H. The applicant shall submit a Dust Abatement Plan,for review and approval,
to the Weld County Department of Public Health and Environment,
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SPECIAL REVIEW PERMIT#1525 - DEBORAH LOWRY
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Environmental Health Services Division. Written evidence of such shall be
submitted to the Department of Planning Services.
The Environmental Health Services Division has discovered that the doggy
dorm building has restroom facilities;however,the building does not have a
septic permit. It is understood that the sewage from the doggy dorm building
is being diverted to the existing septic system serving the home. The permit
on file for the home is for the residence only; therefore, the septic system
serving the home and doggy dorm 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
Department of Public Health and Environment. In the event the system is
found to be inadequate, the system shall be brought into compliance with
current regulations. Written evidence of such shall be submitted to the
Department of Planning Services.
J. The applicant shall submit a Manure Management Plan to the Weld County
Department of Public Health and Environment for review and approval.
Written evidence of such Plan shall be submitted to the Department of
Planning Services.
K. The applicant shall provide written evidence,to the Weld County Department
of Public Health and Environment, that the applicant has contacted the
Colorado Department of Agriculture, Division of Animal Industry. 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 provide evidence that the applicant is not subject to the PACFA
requirements. Written evidence of such shall be submitted to the
Department of Planning Services.
L. The applicant shall complete all proposed improvements, including those
regarding landscaping,screening,access,and parking lot requirements, or
enter into an Improvements Agreement According to Policy Regarding
Collateral for Improvements and post adequate collateral for all required
materials. The agreement and form of collateral shall be reviewed by County
staff and accepted by the Board of County Commissioners,prior to recording
the plat.
M. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The approved Lighting Plan.
3) Weld County Road 5 is designated on the Weld County Road
Classification Plan as a local gravel road, which requires 60 feet of
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right-of-way at full build out. This road is maintained by Weld County.
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.
4) The off-street parking spaces, including the access drive, shall be
surfaced with gravel, asphalt, concrete, or the equivalent, and shall
be graded to prevent drainage problems.
5) Each parking space shall be equipped with wheel guards or curb
blocks,when necessary,to prevent vehicles from extending beyond
the boundary of the space and from coming into contact with other
vehicles, walls, fences, or planting.
6) The access to the site shall meet the standards to the Mountain View
Fire Protection District. The access road must be twenty (20) feet
in width, have a clear height of thirteen (13)feet, six(6) inches, and
must be capable of supporting an imposed load of 75,000 pounds.
N. 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 thirty(30)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 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
mapsCa co.weld.co.us.
4. The Use by Special Review Permit 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.
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 the
Board of County Commissioners Resolution,a$50.00 recording continuance charge
shall added for each additional three (3) month period.
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SPECIAL REVIEW PERMIT#1525 - DEBORAH LOWRY
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The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 11th day of January, AD., 2006.
=OARD OF OUNTY COMMISSIONERS
* .<u) % LD CO TY, COLORADO
ATTEST: f t1/42
-ile,Chair
Weld County Clerk to the B.v rd
BY: U V 2` �' r"� David E. Long, Pro-Tem
Duty Cl k to the Boar® i r/L—}
Wi 'am H. Jerke
AP EDAST .:: ul:
Rob D.
ounty Attorney
4644
Date of signature: I( 3 6a
2006-0064
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DEBORAH LOWRY
USR#1525
1. The Site Specific Development Plan and Use by Special Review Permit#1525 is for a
Kennel(80 dogs,including a dog day care)in the A(Agricultural)Zone District,as indicated
in the application materials on file and subject to the Development Standards stated herein.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. Eighty(80)dogs 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.
4. There will be no staging or parking on Weld County Road 5. The applicant shall utilize the
on-site parking only.
5. The applicant shall take into consideration stormwater capture/quantity and provide
accordingly for best management practices.
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 that
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 that 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.
11. The facility shall be operated in a manner that controls flies.
12. The operation shall comply with all applicable rules an regulations of the Colorado
Department of Agriculture, Division of Animal Industry.
13. The applicant shall operate in accordance with the approved Manure Handling Plan.
14. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
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15. The facility shall be operated in accordance with the approved Dust Abatement Plan, at all
times.
16. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 25-12-103, C.R.S.
17. Adequate hand washing and toilet facilities shall be provided for invited guests of the facility.
18. The facility shall utilize the existing public water supply, Left Hand Water District.
19. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
20. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
21. The access drive and on-site parking shall have adequate gravel, or the equivalent, to
provide an all-weather access to the facility, and shall be graded to prevent drainage
problems.
22. The historical flow patterns and run-off 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 run-off rate and velocity increases, diversions,
concentration, and/or unplanned ponding of storm run-off.
23. A building permit shall be obtained prior to the construction of any new building or addition
to the existing building.
24. A plan review is required for each building requiring a building permit. Plans shall include
a floor plan, and may be required to bear the wet stamp of a Colorado registered architect
or engineer. Two complete sets of plans are required when applying for each permit.
25. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently, the following Codes have been adopted by Weld County:
2003 International Building Code,2003 International Mechanical Code,2003 International
Plumbing Code, 2003 International Fuel Gas Code, 2002 National Electrical Code, and
Chapter 29 of the Weld County Code.
26. The building use will probably be classified as B (kennel). Fire resistance of walls and
openings,construction requirements,maximum building height,and allowable areas will be
reviewed at the plan review. Setback and offset distances shall be determined by
Chapter 23 of the Weld County Code.
27. Building height shall be measured in accordance with the 2003 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
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Chapter 23 of the Weld County Code in order to determine compliance with offset and
setback requirements. Offset and setback requirements are measured to the farthest
projection from the building.
28. The screening and landscaping on the site shall be maintained in accordance with the
approved Landscape/Screening Plan.
29. Up to six (6) employees, beyond those living on the site, shall be allowed.
30. The hours of operation for the doggie day care will be from 7:30 a.m. to 6:30 p.m., Monday
through Friday;from 9:00 a.m.to 12:00 p.m. (Noon)on Saturday;and no hours on Sunday,
as per the application materials.
31. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
32. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
33. 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, as stated herein, and all applicable Weld County regulations.
34. The Use by Special Review area shall be limited to the plans shown herein and governed
by the foregoing standards and all applicable Weld County regulations. Substantial changes
to the plans or Development Standards, as shown or stated, shall require an amendment
of the Permit approved by the Weld County Board of County Commissioners before such
changes to the plans or Development Standards will be permitted. Any other changes shall
be filed in the office of the Department of Planning Services.
35. 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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