HomeMy WebLinkAbout20020594.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1368 FOR A BOARDING KENNEL FOR 50 DOGS (INCLUDES BOARDING,
TRAINING, SPECIAL EVENTS, AND TWO DWELLING UNITS, MOBILE HOMES) IN
THE A(AGRICULTURAL) ZONE DISTRICT - PHILIP AND PATTI HIDDESSEN
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 3rd day of
April, 2002, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Philip and Patti Hiddessen, 2511 North Pioneer, Mesa, Arizona 85203, for a
Site Specific Development Plan and Use by Special Review Permit#1368 for a Boarding
Kennel for 50 dogs (includes boarding, training, special events, and two dwelling units, mobile
homes) in the A (Agricultural) Zone District on the following described real estate, to-wit:
Lot B of Recorded Exemption #2790; being part of
the E112 of Section 21, Township 7 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said 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 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.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 ordinances in effect. The
U.S.D.A. Soils Map indicates that the soils on this property are
designated "Prime." There are currently two mobile homes located on
the site, as well as several outbuildings. It appears from County records
that the mobile homes were permitted in 1986. One mobile home was
permitted as an Accessory to the Farm and the other mobile home was
permitted as a Principal Dwelling Unit. The addition of a 3,000 square-
foot building will not affect the ability to farm the parcel as all the buildings
are located in the northwestern portion of the property.
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SPECIAL REVIEW PERMIT #1368 - PHILIP AND PATTI HIDDESSEN
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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 Kennels as a Use by Special Review in the A
(Agricultural) Zone District. Additional requirements regarding manure
management, rodent and insect control, and drainage improvements are
contained in Section 23-4-400 of the Weld County Code.
c. Section 23-2-230.B.3 —The uses which will be permitted will be
compatible with the existing surrounding land uses. The surrounding
properties are predominantly agricultural and rural residential in use. The
Conditions of Approval and Development Standards will help ensure that
the applicant's proposed use will remain compatible with the 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 site is located within the referral boundary
areas for the Towns of Ault and Eaton. Both Towns responded indicating
no conflicts with their interests.
e. Section 23-2-230.B.5 —The site does not lie within any Overlay Districts.
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 U.S.D.A. Soils Map indicates that the soils on this
property are designated "Prime" land. The location of the kennel will be
in the northwest portion of the property, which leaves the majority of the
parcel available for farming.
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 Philip and Patti Hiddessen for a Site Specific
Development Plan and Use by Special Review Permit#1368 for a Boarding Kennel for 50 dogs
(includes boarding, training, special events, and two dwelling units, mobile homes) 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#1368 - PHILIP AND PATTI HIDDESSEN
PAGE 3
1. The attached Development Standards for the Use by Special Review Permit
shall be adopted and placed on the Use by Special Review Plat prior to
recording. Upon completion of Conditions of Approval #2.A through #2.E the
completed plat shall be delivered to the Weld County Department of Planning
Services and be ready for recording in the Weld County Clerk and Recorder's
Office within 30 days of approval by the Board of County Commissioners.
2. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) Conform to Section 23-2-260.D of the Weld County Code which
refers to requirements for the Use by Special Review Permit plan
map. The majority of the map shall indicate the area containing
the structures located on the northwest portion of the property.
2) Indicate existing landscaping, as well as maintenance and
replacement of dead or diseased plants.
3) A total of 40 feet from the centerline of Weld County Road 43
shall be delineated right-of-way on the plat.
B. A Dust Abatement Plan shall be submitted to the Weld County
Department of Public Health and Environment, Environmental Health
Services Division, for approval prior to operation. Evidence of approval of
the Dust Abatement Plan shall be submitted to the Weld County
Department of Planning Services.
C. The septic system(s) serving the home or other existing buildings that will
be utilized by employees or visitors 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.
D. The applicants shall apply for a permit with the United States Department
of Agriculture and comply with the Rules and Regulations pertaining to
the Administration and Enforcement of the Pet and Animal Care and
Facilities Act. Evidence of permit application shall be provided to the
Department of Planning Services.
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E. The access to the facility shall be located and designed to be safe, and
shall not present a safety hazard to the traveling public or to the vehicles
accessing the property.
3. A separate building permit shall be obtained prior to the construction, alteration
or renovation of any building. A separate building permit may be required for
any change in the use of any building.
4. Structures shall be separated from each other in accordance with the provisions
of Chapter 5 of the 1997 Uniform Building Code (UBC).
5. A plan review will be required for all buildings. Plans shall bare the wet stamp of
a Colorado registered architect or engineer. Two complete sets of plans are
required when applying for the permit.
6. Building shall conform to the requirements of the 1997 UBC, 1998 IMC, 1997
IPC, 1999 NEC, and Chapter 29 of the Weld County Code.
7. Each building will require an engineered foundation based on a site-specific
geotechnical report or an open hole inspection performed by a Colorado
registered engineer. Engineered foundations shall be designed by a Colorado
registered engineer.
8. All proposed structures shall meet the minimum setback and offset requirements
for the Zone District in which the property is located. Pursuant to the definition of
setback in the Weld County Code, the required setback is measured from the
future right-of-way line. No building or structure as defined and limited to those
occupancies listed as Groups A, B, E, H, I, M, and R in Table 3-A of the 1997
Uniform Building Code, shall be constructed within a 200-foot radius of any tank
battery or within a 150-foot radius of any wellhead. Any construction within a
200-foot radius of any tank battery, or 150-foot radius of any wellhead, shall
require a variance from the terms of the Section 23-6-10 of the Weld County
Code.
9. 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.
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SPECIAL REVIEW PERMIT#1368 - PHILIP AND PATTI HIDDESSEN
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of April, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
���� WELY, COLORADO
ATTEST: iaji�l //
Glen aad, Chair
Weld County Clerk to the Board & (C-�
David E. L g, Pro-Tem
�
,� Tt V rk to the Board � La y/
' :�0 11,3v
$) M. J. eile
1861 1 •;
•
m H. Jerke
.�my Attorney
&• la--
Robert D. Masden
Date of signature: Y-/)-I) J--
2002-0594
PL1593
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
PHILIP AND PATTI HIDDESSEN
USR#1368
1. The Site Specific Development Plan and Use by Special Review Permit is for a Boarding
Kennel for 50 dogs (includes boarding, training, special events and two dwelling units,
mobile homes)in the A(Agricultural)Zone District, as indicated in the application materials
on file 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. All future buildings with restrooms shall install an individual sewage disposal system and
shall be installed according to the Weld County Individual Sewage Disposal System
(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.
4. Animal and food 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, or more frequently, from the facility and hauled by a
commercial hauler.
5. The facility shall operate in accordance with the approved Dust Control Plan. The facility
shall have sufficient equipment available to implement appropriate dust control. Additional
control measures shall be implemented as required by the Weld County Health Officer.
6. 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.
7. 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.
8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
9. Fugitive dust shall be controlled on this site.
10. The facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone District as delineated in Section 25-12-103, C.R.S.
11. Adequate hand washing and toilet facilities shall be provided for patrons and employees.
12. The facility shall utilize the existing public water supply (North Weld Water District).
13. The applicant shall provide adequate temporary toilet facilities (Port-A-Potties) for
individuals attending special events/competitions.
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14. Off street parking, including the access drive, shall be surfaced with gravel, asphalt,
concrete, or the equivalent, and shall be graded to prevent drainage problems. Parking on
the access drive is not allowed.
15. No parking or staging of vehicles shall be allowed on Weld County Road 43. Utilize on-site
parking areas.
16. Any proposed structures in drainage areas shall retain water and disburse on the
applicant's property through natural drainage ways or disburse into the field.
17. All construction or improvements occurring in the Flood Plain, as delineated on Federal
Emergency Management Agency FIRM Community Panel Map 080266 750C, dated
September 28, 1982, shall comply with the Flood Hazard Overlay District requirements of
Chapter 23, Article V, Division 3, of the Weld County Code.
18. Any disturbance of wetlands shall require the applicant to contact the Army Corps of
Engineers pursuant to Section 404 of the Clean Water Act.
19. Dogs shall be kept indoors from sunset to sunrise, or in a location that limits the noise from
barking dogs to carry beyond the property boundaries. A bermed area is an example of an
area that limits noise.
20. The maximum amount of dogs allowed for boarding shall be fifty (50).
21. Special events shall be limited to six (6) per calendar year, as indicated in the application
materials. More then six(6)events may be allowed with specific permission from the Weld
County Board of County Commissioners.
22. Special events shall be allowed from sunrise to sunset and shall be limited to herding
competitions and training seminars as specified in the application materials.
23. A Temporary Assembly Permit shall be required as outlined in Chapter 12, Article I, of the
Weld County Code, if the number of people at a special event exceeds 350.
24. The property owner or operator shall be responsible for complying with the additional
requirements of Section 23-4-400 of the Weld County Code, which refers specifically to
kennels.
25. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
26. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
27. Personnel from the Weld County Departments of Public Health and Environment, Planning
Services, and Public Works 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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28. 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.
29. 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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