HomeMy WebLinkAbout20050567.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1496 FOR A KENNEL (60-DOG MAXIMUM), AN ADDITIONAL SINGLE
FAMILY DWELLING UNIT (OTHER THAN THOSE PERMITTED UNDER
SECTION 23-3-20.A OF THE WELD COUNTY CODE),AND A RECREATIONAL HORSE
FACILITY(HORSE RIDING LESSONS AND DAY CAMP)IN THE A(AGRICULTURAL)
ZONE DISTRICT - JENNIFER FEDAK, DAVID SIGNER, AND MONICA SIGNER
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 9th day of
March,2005,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Jennifer Fedak, David Signer, and Monica Signer, 18490 Weld County Road 1,
Berthoud,Colorado 80513,for a Site Specific Development Plan and Use by Special Review Permit
#1496 for a Kennel(60-dog maximum),an additional Single Family Dwelling Unit(other than those
permitted under Section 23-3-20.A of the Weld County Code), and a Recreational Horse Facility
(horse riding lessons and day camp)in the A(Agricultural)Zone District on the following described
real estate, to-wit:
Lot A of Second Amended Recorded Exemption
#2576; being part of the SW1/4 of Section 31,
Township 4 North, Range 68 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, said applicants were 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 applicants 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 applicants have
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 22-2-60.D (A.Goal 4) states, "Conversion of agricultural land to
nonurban residential,commercial,and industrial uses will be accommodated
when the subject site is in an area that can support such development. Such
2005-0567
PL1764
SPECIAL REVIEW PERMIT#1496-JENNIFER FEDAK,DAVID SIGNER,AND MONICA SIGNER
PAGE 2
development shall attempt to be compatible with the region. This goal is
intended to address conversion of agricultural land to nonurban uses. Once
converted, this land is less conducive to agricultural production." The
proposed Kennel (60-dog maximum), a Single Family Dwelling Unit(other
than those permitted under Section 23-3-20.A of the Weld County Code),and
a Recreational Horse Facility (horse riding lessons and day camp), will be
compatible with the surrounding area through the Conditions of Approval and
Development Standards. The surrounding area is primarily single family
homes on large acreages with some agricultural practices in the area.
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, 23-3-40.C.8, and
23-3-40.L of the Weld County Code provide for Kennels, Commercial
Recreational Facilities and Single Family Dwelling Units 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. Single family residences with
outbuildings surround the site,along with some agricultural practices in the
area. The Conditions of Approval and Development Standards will ensure
that the use will be compatible 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
not located within an Intergovernmental Agreement Area;however,it is within
the three-mile referral area for the Towns of Berthoud,Johnstown,and Mead.
The Towns of Berthoud, Johnstown, and Mead, in their referrals received
December 28, 2004, December 7, 2004, and December 14, 2004,
respectively, indicated no conflicts with their interests or have added
comments that they do not object to this application.
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 proposed lots will
be required to adhere to the fee structure of the County-Wide Road Impact
Program.
f. Section 23-2-230.6.6--The applicants have demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the proposed
use. The site consists of approximately twenty (20) acres and, due to the
topography on the site, it is not conducive for farming. The U.S.D.A. Soils
Maps,dated 1979,indicate that the soils on this property are designated as
"prime" and "prime if irrigated" land.
2005-0567
PL1764
SPECIAL REVIEW PERMIT#1496-JENNIFER FEDAK, DAVID SIGNER,AND MONICA SIGNER
PAGE 3
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 Jennifer Fedak,David Signer,and Monica Signer for a Site
Specific Development Plan and Use by Special Review Permit #1496 for a Kennel (60-dog
maximum) an additional Single Family Dwelling Unit (other than those permitted under
Section 23-3-20.A of the Weld County Code), and a Recreational Horse Facility (horse riding
lessons and day camp)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 applicants shall address the requirements and concerns of the Berthoud
Fire Protection District, as stated in the referral response dated
December 21, 2004. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services.
B. The applicants shall address the requirements and concerns of the Little
Thompson Water District, as stated in the referral response dated
December 8, 2004. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services.
C. The applicants shall complete all proposed improvements, including those
regarding landscaping, screening, access improvements and parking lot
requirements,or enter into an Improvements Agreement According to Policy
Regarding Collateral for Improvements(access drive, parking areas, plant
materials,fencing, screening,etcetera)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 USR plat.
D. The applicants shall provide the Department of Planning Services with a
Screening/Landscaping Plan for review and approval. The plan shall include
the method of screening the outdoor storage of equipment or materials from
adjacent properties and future rights-of-way. The applicants shall maintain
compliance with Sections 23-2-240 and 23-2-250 of the Weld County Code
at all times.
E. The applicants shall submit a Dust Abatement Plan for review and approval,
to the Weld County Department of Public Health and Environment,
Environmental Health Services Division. Evidence of approval from the
Department of Public Health and Environment shall be submitted to the
Department of Planning Services.
2005-0567
PL1764
SPECIAL REVIEW PERMIT#1496-JENNIFER FEDAK,DAVID SIGNER,AND MONICA SIGNER
PAGE 4
F. The applicants shall provide written evidence to the Weld County
Department of Public Health and Environment that they have contacted the
Colorado Department of Agriculture(CDA), 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 they are not subject to the PACFA
requirements. Evidence of approval from the Department of Public Health
and Environment shall be submitted to the Department of Planning Services.
G. The applicants shall submit a Waste Handling Plan,for approval,to the Weld
County Department of Public Health and Environment,Environmental Health
Services Division. Evidence of approval from the Department of Public
Health and Environment 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
site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
H. The plat shall be amended to delineate the following:
1) All sheets shall be labeled USR-1496.
2) The attached Development Standards.
3) County Road 1 is designated on the County Road Classification Plan
as a collector status road, which requires 80 feet of right-of-way at
full build out. There is presently 60 feet of right-of-way. A total of 40
feet from the centerline of County Road 1 shall be delineated on the
plat as right-of-way reservation for future expansion of County
Road 1. This road is maintained by Larimer County.
4) The employee, visitor, and customer parking, as delineated on the
plat,should have adequate gravel or grass parking. The circulation
appears to be adequate to accommodate the facility.
5) The applicants shall provide the Department of Planning Services
with an access permit granted from Larimer County for access to
County Road 1.
6) The applicants shall provide a Lighting Plan. Should exterior lighting
be a part of this facility,all light standards shall be delineated on the
2005-0567
PL1764
SPECIAL REVIEW PERMIT#1496-JENNIFER FEDAK,DAVID SIGNER,AND MONICA SIGNER
PAGE 5
plat and be in accordance with Section 23-3-250.6.6 of the Weld
County Code.
7) The location of the dumpster shall be delineated on the plat. Areas
used for trash collection shall be screened from public rights-of-way
and all adjacent properties. These areas shall be designed and used
in a manner that will prevent trash from being scattered by the wind
or animals, as outlined in Section 23-3-250.A.6 of the Weld County
Code.
8) The approved Screening Plan.
The applicants 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 applicants 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 applicants 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. Prior to issuance of the Building Permits:
A. A plan review is required for each building for which a building permit is
required. Plans shall include a floor plan and bear the wet stamp of the
Colorado registered architect or engineer. Two complete sets of plans are
required when applying for a building permit. Commercial buildings require
a Code Analysis Data sheet, provided by the Weld County Department of
Building Inspection. Automatic sprinkler requirements may be required since
the square footage of each use was not included in the USR questionnaire.
The dwelling unit may require the plans to bear the wet stamp of a Colorado
registered architect or engineer. New construction 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.
2005-0567
PL1764
SPECIAL REVIEW PERMIT#1496-JENNIFER FEDAK,DAVID SIGNER,AND MONICA SIGNER
PAGE 6
B. The barn will probably be classified as an assembly use. The kennel will be
classified B (Business). The buildings, including the bathrooms, shall be
accessible to persons with disabilities. Fire resistance walls and openings,
construction requirements,and maximum building height in allowable areas
will be reviewed at the plan review. Setback and offset distances shall be
determined by the Weld County Code.
C. An individual sewage disposal system is required for the large horse
barn/dog barn structure(s)and the future small residence. The system shall
be installed according to the Weld County Individual Sewage Disposal
System(I.S.D.S.)Regulations prior to operation of the kennel or recreational
horse facility.
D. 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. A Stormwater Discharge Permit may be required for a development/
redevelopment/construction site where a contiguous or non-contiguous land
disturbance is grater than or equal to one (1) acre in area. Contact the
Colorado Department of Public Health and Environment, Water Quality
Control Division, at www.cdphe.state.co.us/wa/PermitsUnit for more
information. Evidence of approval shall be provided to the Department of
Planning Services.
F. Plans for the remodel work should be submitted to the Berthoud Fire
Protection District for review and approval. The applicants shall provide a
written sign-off from the Berthoud Fire Protection District to the Department
of Planning Services.
5. The Use by Special Review activity shall not occur,nor shall any building or electrical
permits be issued,until the Use by Special Review plat is ready to be recorded in the
office of the Weld County Clerk and Recorder.
2005-0567
PL1764
SPECIAL REVIEW PERMIT#1496-JENNIFER FEDAK,DAVID SIGNER,AND MONICA SIGNER
PAGE 7
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 9th day of March, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
X17 WELD COUNTY, COLORADO
ATTEST: LL4/,4%G �, '5 a
William H. rke, Chair
�� !•��. qty Clerk to the Board
4"rk-T
•
si t
t 15:1
. o,;�t` 'P •••ij•rk to the Board
' David E. Long
•
AS
Robe D. Masderi
o 'yAttor•ey EXCUSED
Glenn Vaad
Date of signature: % %er
2005-0567
PL1764
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JENNIFER FEDAK, DAVID SIGNER, AND MONICA SIGNER
USR#1496
1. The Site Specific Development Plan and Use by Special Review Permit #1496 is for a
Kennel (60-dog maximum), an additional Single Family Dwelling Unit (other than those
permitted under Section 23-3-20.A of the Weld County Code), and a Recreation Horse
Facility(horse riding lessons and day camp)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. The applicants shall not have more then eight(8)employees on the site at any given time
as indicated in the application materials.
4. Hours of operation are from 6:30 a.m. to 9:00 p.m., daily.
5. The kennel shall be limited to eighty (60) dogs at any given time.
6. All dogs shall be kept inside after dusk, and all outside dog activity shall be supervised.
7. 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.
8. All other types of animals on the site shall comply with Section 23-1-90 regarding animal
units.
9. The applicants shall remove, handle, and stockpile manure from the livestock area in a
manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist
or deteriorate to a condition that facilitates excessive odors,flies, insect pests, or pollutant
runoff.
10. Dog waste shall be removed at least weekly from the facility and disposed by a commercial
hauler.
11. 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.
12. 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.
13. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust,fugitive particulate emissions,blowing debris,and other potential nuisance conditions.
2005-0567
PL1764
DEVELOPMENT STANDARDS - FEDAK/ SIGNER/SIGNER (USR #1496)
PAGE 2
14. The applicants shall operate in accordance with the approved Waste Handling Plan and
Noise Mitigation Plan.
15. The facility shall be operated in a manner to control flies.
16. The applicants shall comply with all applicable rules and regulations of the Colorado
Department of Agriculture (CDA), Division of Animal Industry.
17. 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.
18. 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.
19. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
20. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
21. The facility shall utilize the existing public water supply (Little Thompson Water District).
22. If applicable,the applicants shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
23. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code.
24. The historical flow patterns and run-off amounts will be maintained on the site in such a
manner that 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.
25. The applicants shall utilize the existing gravel drive access to County Road 1. The access
drive shall be surfaced with gravel or the equivalent,and shall be graded to prevent drainage
problems.
26. Buildings shall conform to the requirements of the various codes adopted at time of permit
application. Currently,the following have been adopted by Weld County:2003 International
Residential Code,2003 International Building Code,2003 International Mechanical Code,
2003 International Plumbing Code, 2002 National Electrical Code, and Chapter 29 of the
Weld County Code.
27. Building height shall be measured in accordance with the 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
2005-0567
PL1764
DEVELOPMENT STANDARDS - FEDAK/ SIGNER/SIGNER (USR#1496)
PAGE 3
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. A building permit shall be obtained prior to the construction of any new building and change
of use of any of the existing buildings.
29. Effective January 1,2003,building permits issued on the lot will be required to adhere to the
fee structure of the County-Wide Road Impact Program.
30. The landscaping and screening on the site shall be maintained in accordance with the
approved Landscape/Screening Plan.
31. The property owner shall allow any mineral owner the right of ingress or egress for the
purposes of exploration development, completion, recompletion, re-entry, production and
maintenance operations associated with existing or future operations located on these
lands.
32. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
33. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
34. 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.
35. 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.
36. 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.
2005-0567
PL1764
Hello