HomeMy WebLinkAbout20041874.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1472 FOR A KENNEL (60 DOGS MAXIMUM) IN THE A (AGRICULTURAL)
ZONE DISTRICT - WES MOSER AND SONS, INC., C/O NOAH'S BARK / JOJO AND
STEVE POMEROY
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,a public hearing was scheduled for Wednesday,July 28,2004; however,due
to the lack of a quorum, the matter could not be heard, and
WHEREAS,on Monday,August 2,2004,during the next regularly scheduled Board meeting,
the Board of Commissioners called up the matter and continued the hearing to August 4,2004, as
previously arranged by the Clerk to the Board's Office with the applicant, and
WHEREAS, the Board of County Commissioners held a public hearing on the 4th day of
August, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Wes Moser and Sons, Inc., 12963 Weld County Road 43, Hudson, Colorado 80642,
do Noah's Bark/JoJo and Steve Pomeroy, 101 West Coal Creek Drive, Superior, Colorado 80027,
for a Site Specific Development Plan and Use by Special Review Permit#1472 for a Kennel (60
dogs maximum) in the A (Agricultural)Zone District on the following described real estate, to-wit:
Lot A of Recorded Exemption#2574;being part of the
S1/2 NE1/4 of Section 33,Township 3 North, Range
65 West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Sharyn Frazer and Lauren Light,
AGPROfessionals, LLC,4311 Highway 66,Suite 4, Longmont,Colorado 80504,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 ordinance in effect. Section 22-2-60
2004-1874
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SPECIAL REVIEW PERMIT #1472 - WES MOSER AND SONS, INC., C/O NOAH'S BARK /
JOJO AND STEVE POMEROY
PAGE 2
(A.Goal 1)states,"Conserve agricultural land for agricultural purposes which
foster the economic health and continuance of agriculture." The area
consists of approximately 6.38 acres and 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 for Kennels 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. The property is Lot A of Recorded
Exemption#2574 located on a dry corner. There is an existing home with
outbuildings on the site,and a tank battery is located on the south side of the
property. The surrounding area is primarily agricultural in nature, and there
is a single family dwelling with outbuildings across the street to the east of
the site. 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 or other overlay
districts and is not located within three miles of any municipalities.
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.B.6--The site consists of approximately six(6)acres and
is not compatible for farming. The U.S.D.A. Soils Maps of Prime Farmlands
of Weld County designate this property as "irrigated not prime" soils.
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.
2004-1874
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SPECIAL REVIEW PERMIT #1472 - WES MOSER AND SONS, INC., C/O NOAH'S BARK/
JOJO AND STEVE POMEROY
PAGE 3
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Wes Moser and Sons, Inc., do Noah's Bark/JoJo and
Steve Pomeroy fora Site Specific Development Plan and Use by Special Review Permit#1472 for
a Kennel (60 dogs maximum) 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 plats shall be labeled USR-1472.
B. The Platte Valley Soil Conservation District has provided information
regarding the soils on the site in the referral received April 7, 2004. The
applicant shall review the information and use it to positively manage on-site
soils.
C. The applicant shall obtain a Building Permit for the existing garage, for
change of use, to insure the building is consistent with building codes as
stated in the referral received April 12, 2004, from the Weld County
Department of Building Inspection. Evidence of approval shall be submitted
to the Department of Planning Services.
D. The applicant shall submit to the Departments of Planning Services and
Public Works justification of the need for the existing multiple accesses. The
submitted information shall be reviewed in accordance with Chapter 8,
Article II, and Chapter 24, Article II, Section 24-8-40 of the Weld County
Code.
E. The applicant shall have the existing septic system permit reevaluated by a
professional engineer and the septic permit shall be amended for
commercial uses. Evidence of approval shall be submitted to the
Department of Planning Services.
F. The applicant shall submit evidence to the Department of Planning Services,
from the Colorado Division of Water Resources,demonstrating that the well
is appropriately permitted for the commercial use.
G. In the event that one or more acres are disturbed during the construction and
development of this site, the applicant shall inquire with the Water Quality
Control Division (WQCD)of the Colorado Department of Public Health and
Environment if they are required to obtain a Stormwater Discharge Permit.
Alternately,the applicant can provide evidence from WQCD that they are not
subject to these requirements.
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SPECIAL REVIEW PERMIT#1472 - WES MOSER AND SONS, INC., C/O NOAH'S BARK /
JOJO AND STEVE POMEROY
PAGE 4
H. 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. 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). Evidence
of approval from the Department of Public Health and Environment
shall be provided to the Department of Planning Services.
The applicant shall attempt to meet with the Weld County Sheriffs Office to
discuss the Crime Prevention Through Environmental Design Program.
This program reduces the likelihood of criminal activity at a specific location
by hardening it to crime.
J. The applicant shall provide additional information to the Department of
Building Inspection stating how the garage conversion is to be accomplished,
and what, if any, additional requirements shall be met prior to operation.
Written evidence of compliance with these requirements shall be submitted
to the Department of Planning Services.
K. The application materials state that the facility will be for up to sixty(60)dogs
of an unspecified breed and/or size. The applicant shall provide evidence
from the appropriate authority stating that the size of the circular dog "turn-
outs" is of an appropriate dimension to accommodate the spatial
requirements for the dogs.
L. Given the lack of water for irrigation on this property, the Department of
Planning Services requests that a ground cover be established to limit
erosionary processes, i.e., wind, water, and snow pack melt. Evidence of
such a method shall be submitted to the Department of Planning Services
for review and approval.
M. The application materials state there will be no outside storage once the
facility is operational. The applicant shall submit documentation as to how
the outside storage will be screened during the construction period.
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SPECIAL REVIEW PERMIT #1472 - WES MOSER AND SONS, INC., CIO NOAH'S BARK /
JOJO AND STEVE POMEROY
PAGE 5
N. The applicant shall obtain written approval from the Platteville/Gilcrest Fire
Protection District stating that the facility is in compliance with the Fire Code.
O. The application materials do not address property maintenance. The
applicant shall submit written evidence to the Department of Planning
Services as to how the property will be in compliance with
Section 23-2-250.F of the Weld Count Code.
P. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The plat shall be prepared in accordance with Section 23-2-260.D of
the Weld County Code. An exception to this requirement is the scale
of the proposal. The drawing shall be drawn to a scale of one inch
equals twenty feet (1" = 20').
3) All exterior light standards shall be delineated on the Site Plan Review
Plat and be in compliance with Section 23-2-250.6.6 of the Weld
County Code.
4) The application materials do not identify the location of the dumpster.
The plat shall delineate the screened enclosure as outlined in
Section 23-3-250.A.6 of the Weld County Code.
5) Weld County Road 43 is designated on the Weld County
Classification Plan as a local gravel road, which requires a 60-foot
right-of-way at full build out. There is presently 60 feet of
right-of-way. A total of 30 feet from the centerline of Weld County
Road 43 shall be delineated as right-of-way on the plat. This road is
maintained by Weld County.
6) All approved accesses shall be clearly shown on the plat.
7) The off-street parking, including the access drive, shall be surfaced
with gravel or the equivalent and shall be graded to prevent drainage
problems.
8) The applicant shall identify employee and customer parking on the
plat.
9) The parking area shall be delineated on the plat with, at a minimum,
nine parking spaces, one of which should meet the intent of the
American's with Disabilities Act.
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SPECIAL REVIEW PERMIT#1472 - WES MOSER AND SONS, INC., C/O NOAH'S BARK /
JOJO AND STEVE POMEROY
PAGE 6
Q. 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. Prior to the release of Building Permits:
A. The setback and offset distances shall be verified given the existing
proposed site conditions,specifically addressing the elevated display areas.
Written evidence of compliance shall be submitted to the Department of
Planning Services.
5. Prior to the issuance of the Certificate of Occupancy:
A. The septic system serving the existing single family residence shall be
reevaluated 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.
B. The garage conversion needs to be reviewed and approved by the
Department of Building Inspection.
6. 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.
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SPECIAL REVIEW PERMIT #1472 - WES MOSER AND SONS, INC., C/O NOAH'S BARK /
JOJO AND STEVE POMEROY
PAGE 7
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 4th day of August, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
O �Mt 4 4 / Boa Clerk to the Boa JY / rd��P/il( Robert D. Masden, Chair
ty
1861 t William H. rke, Pro-Tern
y�j
,,,r-I,_ aE � u Clerk to the Board i�/� /����
`")4? -, ,--;?""` M. J. ile
OV AS •
. cJ
J �� David E. Long
/%Attorn2
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Glenn Vaad
Date of signature: 67/0'77
2004-1874
PL1729
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WES MOSER AND SONS, INC.
CIO NOAH'S BARK / JOJO AND STEVE POMEROY
USR #1472
1. The Site Specific Development Plan and Use by Special Review Permit #1472 is for a
Kennel(60 dogs maximum, of a non-specific breed)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 landscaping on the site shall be maintained in accordance with the approved Landscape
Plan.
4. The site shall be limited to no more than five (5) employees as outlined in the application
materials.
5. This application shall be in compliance with Sections 23-3-250.A and .B of the Weld County
Code.
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 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 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. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
12. 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.
13. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
2004-1874
PL1729
DEVELOPMENT STANDARDS - WES MOSER AND SONS, INC., O/O NOAH'S BARK / JOJO
AND STEVE POMEROY (USR #1472)
PAGE 2
14. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
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. The operation shall comply with all applicable rules and regulations from the Weld County
Code, Air Pollution Control Division, Water Quality Control Division, PACFA, and the
Colorado Department of Labor and Employment.
17. The hours of operation shall be 7:00 a.m.to 7:00 p.m., Monday through Friday;8:00 a.m.to
7:00 p.m.on Saturday and Sunday,and holidays will follow the same as the weekend hours
included in the application
18. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program.
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 plan review is required for any additional buildings. Plans shall bear the wet stamp of a
Colorado registered architect or engineer. Two complete sets of plans are required when
applying for each permit.
21. Buildings shall conform to the requirements of the various codes adopted at time of permit
application. Currently,the following has 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.
22. Each building will require an engineered foundation based on a site-specific geotechnical
report or an open hole inspection preformed by a Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer.
23. Building height, setbacks, and offset distances shall be determined by the Weld County
Code. Separation of buildings and mixed occupancy classifications shall be in accordance
with Table 302.3.3 of the 2003 International Building Code.
24. 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.
2004-1874
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DEVELOPMENT STANDARDS - WES MOSER AND SONS, INC., CIO NOAH'S BARK I JOJO
AND STEVE POMEROY (USR #1472)
PAGE 3
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 Government 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.
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.
2004-1874
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