HomeMy WebLinkAbout20053205.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1524 FOR A KENNEL, A DOGGY DAY CARE SERVICE (116 DOGS), AND
THE BREEDING OF LABRADORS IN THE A (AGRICULTURAL) ZONE DISTRICT -
CARMAN AND BART BECK
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 23rd day of
November,2005,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing
the application of Carman and Bart Beck, 1234 Weld County Road 34.75, for a Site Specific
Development Plan and Use by Special Review Permit #1524 for a Kennel, a Doggy Day Care
Service (116 dogs), and the Breeding of Labradors in the A (Agricultural) Zone District on the
following described real estate, being more particularly described as follows:
Lot A of Recorded Eemption#2740;being part of the
SW 1/4/4 NW 1/4/4 of Section 8,Township 3 North, Range
68 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 23-2-230.6.1 --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
designated for the kennel already has existing buildings and improvements,
making it impractical to farm the site.
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 fora Kennel as a Use by Special Review in theA(Agricultural)Zone
District.
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SPECIAL REVIEW PERMIT#1524 - CARMAN AND BART BECK
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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 dryland
pasture with five parcels, some having homes within a quarter-mile of the
site. The Conditions of Approval ensure the impact on the existing and future
residences will be minimal.
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 the municipalities returned referrals
indicating no conflict with their interests. No response was received from
Larimer County.
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 lot will be
required to adhere to the fee structure of the County-Wide Road Impact
Program,Stormwater Mitigation Program,and the Capital Expansion Fees.
f. Section 23-2-230.6.6--The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The site is designated High Potential Dry Cropland by the United States
Department of Agriculture (U.S.D.A.) Soil Conservation Services.
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 Carman and Bart Beck for a Site Specific Development
Plan and Use by Special Review Permit#1524 fora Kennel,A Doggy Day Care Service(116 dogs),
and the Breeding of Labradors 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 sheets of the plat shall be labeled USR-1524.
B. The applicant shall submit a Waste Handling Plan,for approval,to the Weld
County Department of Public Health and Environment. Evidence of approval
shall be submitted to the Department of Planning Services. The plan shall
include, at a minimum, the following:
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SPECIAL REVIEW PERMIT#1524 - CARMAN AND BART BECK
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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).
C. The applicant shall submit a Dust Abatement Plan,for review and approval,
to the Weld County Department of Public Health and Environment. Written
evidence of such shall be submitted to the Department of Planning Services.
D. 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(CDA), Division of Animal Industry. A
copy of a current license issued by CDA is acceptable. Written evidence of
such shall be submitted to the Department of Planning Services.
E. The septic system, SP-98000037, currently described as a wood working
shop(proposed grooming area and office)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 inadequately sized or constructed,the system shall be brought
into compliance with current regulations.
F. The applicant shall provide a written request for the vacation of Use by
Special Review Permits #1161 and #1273, prior to recording the plat.
G. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The existing sign is located at the entrance to the site. The sign shall
not exceed sixteen (16) square feet in size.
3) The approved Landscape/Screening Plan.
4) The location of the new single family residence.
5) The location of the kennel manager's residence.
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6) The traffic patterns for the internal circulation of the on-site
structures, including the kennel, the new custom-built single family
residence and the kennel manager's residence.
H. 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
maps@co.weld.co.us.
4. 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.
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 of
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#1524 - CARMAN AND BART BECK
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 23rd day of November, A.D., 2005.
onine♦ BOARD OF COUNTY COMMISSIONERS
1 i IELas WELD COUNTY, COLORADO
, �/ ; .�: 7ATTEST: �G� - u, — let '�/. ,
i' tSi 'u illiam H. Je e, Chair
Weld County Clerk to the l •‘:"
� ! ','� ♦ �
�' `� 11 �, M. ile, Pro-Tem
De ty Clerk o the Board '
D id E. Long
O D AS 9.FO I)
Robert D. Masden
/
o nty Attorney .�/�,�� (/
Glenn Vaad
Date of signature: ZI I Z IUS
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CARMAN AND BART BECK
USR#1524
1. The Site Specific Development Plan and Use by Special Review Permit#1524 is for
a Kennel, a Doggy Day Care Service (116 dogs of an unspecific breed), and the
Breeding of Labradors, 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. One hundred sixteen(116)is the maximum number of adult dogs allowed on the site
at any given 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. 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.
5. 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 mannerthat protects against surface and groundwater contamination.
6. 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.
7. 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.
8. The applicant shall operate in accordance with the approved Waste Handling Plan.
9. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
10. This 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 invited guests of the
facility.
12. An Individual Sewage Disposal System (I.S.D.S), is required for the proposed
custom home and shall be installed according to the Weld County I.S.D.S
Regulations.
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13. Any septic system located on the property must comply with all provisions of the
Weld County Code, pertaining to Individual Sewage Disposal Systems.
14. The facility shall utilize the existing public water supply, Little Thompson Water
District.
15. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control
Division.
16. If applicable,the applicant shall operate in accordance with the requirements of the
Colorado Department of Agriculture (CDA), Division of Animal Industry.
17. The operation shall comply with all applicable rules and regulations of state and
federal agencies and the Weld County Code.
18. The access drive to the residences, and the kennel area, should have adequate
gravel,or the equivalent,to provide an all-weather access to the facility,and should
be graded to prevent drainage problems.
19. 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.
20. A building permit shall be obtained prior to the construction of any new building or
addition to the existing building.
21. A plan review is required for each building for which a building permit is required.
Plans shall include a floor plan. Plans 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.
22. Buildings shall conform to the requirements of the various codes adopted at the time
of permit application. Currently,the following have been adopted by Weld County:
2003 International Building Code; 2003 International Mechanical Code; 2003
International Plumbing Code; 2003 International Fuel Gas Code; and the 2002
National Electrical Code and Chapter 29 of the Weld County Code.
23. 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.
24. 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
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Requirements from Chapter 23 of the Weld County Code. Building height shall be
measured in accordance with 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.
25. The screening and landscaping on the site shall be maintained in accordance with
the approved Landscape/Screening Plan.
26. Up to eight(8) employees, other than those living on the site, shall be allowed.
27. The kennel manager's residence shall be limited to a modular home for one
employee.
28. The hours of operation are limited to Monday through Friday,7:30 a.m.to 6:00 p.m.,
Saturday 8:00 a.m. to 12:00 p.m., and Sunday 3:00 p.m. to 5:00 p.m.
29. All dogs of an unspecific breed, and the Labradors, shall be inside from 7:00 p.m.
until 7:00 a.m.
30. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
31. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
32. 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.
33. 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.
34. 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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