HomeMy WebLinkAbout20031622.tiff feet MEMORANDUM
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inkTO: Board of County Commissioners 7/23/03 L , 1.5 it t. 97
COLORADO FROM: Chris Gathman - Planner II 1 F-
SUBJECT: Revision to USR-1423 resolution (Heather Weir)
If this case is approved Planning staff is recommending the following changes to the resolution
for USR-1423:
1) The title of the resolution should be amended to read: "APPROVE SITE SPECIFIC
DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1423 FOR A
GREYHOUND DOG KENNEL (NOT TO EXCEED 60 GREYHOUND DOGS) IN THE A
(AGRICULTURAL) ZONE DISTRICT"
2) Development standard #1 should be amended to read: "The Site Specific Development
Plan and Use by Special Review#1423 is for a Greyhound Dog Kennel (not to exceed 60
Greyhound Dogs) in the A (Agricultural) Zone District, as indicated in the application
materials on file and subject to the Development Standards stated hereon."
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SERVICE,TEAMWORK,INTEGRITY,QUALITY 4 - IIXN $1T
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BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE
I _
_ THE LAST DAY TO POST THE SIGN IS: c; I , 'p04 Zo03 . THE SIGN SHALL BE
•
POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE
EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A
PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY,THE DEPARTMENT OF PLANNING SERVICES SHALL
POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN
•
AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED
ROAD RIGHT-OF-WAY. -
.l HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE
PROPERTY AT LEAST 10 DAYS BEFORE THE BOARD CF COUNTY COMMISSIONER'S HEARING FOR
USR- IA2.3. THE SIGN WAS POSTED BY:
C `s �att.,ta,�,
NAME OF PERSON POSTING SIC-N
. AIL__ _
SIGNATURE FOR PERSON POSTING SIGN
•
STATE OF COLORADO)
)ss.
COUNTY OF WELD )
SUBSCRIBED AND SWORN TO ME THIS `- DAY OF 9ILLL1
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) UIL.1 �' k .fin.'ai•-
• NOTARY PUBLIC
•
MY COMMISSION EXPIRES: /- - 9- C
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THIS FORM SHALL BE PLACED IN THE APPRCPRIA i E MLE FOR THE ABOVE CASE.
4 EXHIBIT
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1 . I am opposed to placing this commercial business in a
residential area.
• Sec. 23-3-200 Intent of applicability . . . "to
ensure that they are established and operated in a
manner that is compatible with existing and planned
land USES in the NEIGHBORHOOD. The additional
consideration or regulation of Uses by Special Review
is designed to protect and promote the health, safety,
convenience and general welfare of the present and
future residents of the COUNTY".
2. There should not be any adverse impact on my property just
because I am not as far along in the process as Ms. Weir.
• I have two well permits and have just applied for a
Recorded Exemption to facilitate some advanced Estate
Planning.
3. There are several areas of concern that I want to
cooperatively work with this board to address so we are all
on the same page.
• This is a business with a full time caretaker on site.
• There should be a reasonable expectation that all
activity should be conducted during normal business
hours. We should expect that we would not hear barking
dogs at 5AM or 9PM.
4 . Can this Use by Special Permit for a sixty-dog facility be
made Breed Specific?
• Greyhound only.
• What happens in a year or two if Ms. Weir wants to
have sixty Doberman' s or German Shepard' s?
• If Ms. Weir sells the facility is the Use by Special
Review Permit still in effect for the new owner?
5. The 1997 Uniform Building Code Section 304 classifies this
type of facility as a Group B Occupancy.
• 304.01 Group B Occupancies Defined. Group B
1 EXHIBIT Occupancies shall include buildings, structures, or
portions thereof, for office, professional of service-
type transactions, which are not classified as Group H
Occupancies. Such occupancies include occupancies for
the storage of records and accounts, and eating and
drinking establishments with an occupant load of less
than 50. Business occupancies shall include, but not
be limited to, the following.
i . Animal hospitals, kennels, pounds . (See Attached)
6. Ms. Weir stated that the building would be insulated.
• What type?
• What amount?
7 . Location of facility on the site.
• Mr. Gathman stated, "Staff took into account that
there is a residence to the west of the site. The
enclosure will be on the opposite side facing the
east". This adversely impacts my property.
• Why can' t the enclosure face north where the nearest
residence is on WCR 100 approximately one mile away?
8 . Ms. Weir stated, "The facility will have six foot fences".
• What type of fence?
9. At the May 6, 2003 Planning Commission meeting Mr. Mokray
asked if she would be willing to place some type of
landscaping in the area to mitigate the noise issue. Ms .
Weir indicated she would be interested in this. She was
planning on doing a wind break on the west side and
planting trees and shrubbery on the east side. These will
attract wildlife.
10. At the May 6, 2003. Planning Commission meeting Mr. James
Rohn moved to insert development Standard #18 to state,
"The dogs shall be supervised at all times when outdoors.
The dogs shall be confined within the fences of the kennel
facility at all times", and add 2J to state, "The applicant
shall submit a screening plan for review and approval by
the department of Planning Services. This screening plan
shall address screening from the kennel and turn out area
from the adjacent properties." Steven Mokray seconded.
11 . Sec. 23-2-230 C
• "Where reasonable methods or techniques are available
to mitigate any negative impacts which could be
generated by the proposed USE upon the surrounding
area, the Board of County Commissioners may condition
the decision to approve the Special Review Permit upon
implementation of such methods of techniques and may
require sufficient performance guarantees to be posted
with the COUNTY to guarantee such implementation".
12 . Sec 23-2-240 Design standards # 10.
• Buffering or SCREENING of the proposed USE from
ADJACENT properties may be required in order to make
the determination that the proposed USE is compatible
with the surrounding uses. Buffering or SCREENING may
be accomplished through a combination of berming,
landscaping and fencing".
• A four-foot berm around the enclosure would be more
economical than landscaping. It would be natural and
would mitigate the noise plus it could be landscaped
more economically to blend into the surroundings.
• Landscaping would have to be at least four feet in
height to block the view of the dogs because they are
trained to chase on sight.
• Landscaping would have to be sufficiently dense to
mitigate the noise and block the view out as well as
in.
13 . Sec 23-4-400 Kennels.
• "Manure shall be handled and disposed of in a sanitary
manner approved by the Department of Public Health and
Environment".
14 . Ms . Weir was issued a ticket for Public Nuisance because of
an Odor Problem on July 16, 2003. (See Attached LOVELAND
MUNICIPAL COURT CHARGED PARTY CASE HISTORY) .
• Ms . Weir stated in the May 6, 2003 Planning Commission
meeting "she gets to a certain number of animals then
takes them out of state to adoption facilities.
Normally there will be 20-30 before a trip to the
adoption groups".
• The court ordered that she not have more than 10 dogs
at any one time this includes her personal animals .
• If Ms. Weir disobeys the courts order on the number of
animals she can have at her present location WHO will
enforce the number of animals she has at this
facility.
• How often does the Department of Public Health and
Environment inspect this facility for compliance?
1997 UNIFORM BUILDING CODE 303.2.2
304.1
For attic space partitions and draft stops, see Section 708. Section 1007.2.)Access to,and egress from,buildings required to
303.2.2.1 be accessible shall be provided as specified in Chapter 11.
Division 2.1 provisions. Division 2.1 Occupancies
with an occupant load of 1,000 or more shall be of Type I,Type For amusement buildings, see Section 408.
II-ER.,Type II One-hour,Type III One-hour or Type IV construe- 303.5 Light,Ventilation and Sanitation. Light and ventilation
tion,except that the roof-framing system for one-story portions of shall be in accordance with Chapter 12.The number of plumbing
buildings of Type 11 One-hour or Type III One-hour construction fixtures shall not be less than specified in Section 2902.2.
may be of unprotected construction when such roof-framing sys-
tem is open to the assembly area and does not contain concealed 303.6 Shaft and Exit Enclosures. Exits shall be enclosed as
spaces. specified in Chapter 10.
Elevator shafts,vent shafts and other vertical openings shall be
303.2.2.2 Division 3 provisions. Division 3 Occupancies lo- enclosed and the enclosure shall be as specified in Section 711.
cated in a basement or above the first floor shall not be of less than
one-hour fire-resistive construction. 303.7 Sprinkler and Standpipe Systems. When required by
Division 3 Occupancies with an occupant load of 50 or more Section 904.2.1 or other provisions of this code,automatic sprin-
kler systems and
which are located over usable space shall be separated from suchstandpipes shall be designed and installed as
space by not less than one-hour fire-resistive construction. specified in Chapter 9.
For Division 3 Occupancies with a Group 5,Division 3 parking
ventilators as required in Section 405.3.3.
303.8 Special Hazards. Stages shall be equipped with automat-
ic garage in the basement or first floor,see Section 311.2.2.
Chimneys and heating apparatus shall conform to the require-
303.2.2.3 Division 4 provisions. Grandstands,bleachers or re- ments of Chapter 31 of this code and the Mechanical Code.
viewing stands of Type III One-hour,Type IV or Type V One-hour Motion picture machine booths shall conform to the require-
construction shall not exceed 40 feet(12 192 mm)to the highest menu of Section 406.
level of seat boards;20 feet(6096 mm)in cases where construc-
tion is Type III-N or Type V-N; and 12 feet(3658 mm)in cases Proscenium curtains shall conform to the requirements set forth
where construction is with combustible members in the structural in UBC Standard 4-1,which is a part of this code. (See Chapter
frame and located indoors. 35,Part II.)
Division 4 structures other than Type III-N and Type V-N Class I, II or III-A liquids shall not be placed or stored in any
grandstands, bleachers, reviewing stands and folding and tele- Group A Occupancy.
scoping seating of open skeleton-frametype without roof, cover When heating equipment rooms are required to be separated in
or enclosed usable space are not limited in area or height. accordance with Section 302.5,exterior openings in a boiler room
Erection and structural maintenance shall conform to these spe- or room containing central heating equipment if located below
cial requirements as well as with other applicable provisions of openings in another story or if less than 10 feet(3048 mm)from
this code. other doors or windows of the same building shall be protected by
a fire assembly having a three-fourths-hour fire-protection rating.
When the space under a Division 4 Occupancy is used for any Such fire assemblies shall be fixed,automatic or self-closing.For
Ipurpose,including means of egress,it shall be separated from all heating equipment occupancy separation, see Section 302.5.
parts of such Division 4 Occupancy, including means of egress,
by walls,floor and ceiling of not less than one-hour fire-resistive 303.9 Fire Alarm Systems. An approved fire alarm system
construction. shall be installed as set forth in the Fire Code in Group A,Divi-
sions 1, 2 and 2.1 Occupancies.
EXCEPTIONS: 1. A means of egress under temporary grand-
stands need not be separated. For amusement building alarm systems, see Section 408.5.1.
2.The underside of continuous steel deck grandstands when erected
outdoors need not be fire protected when occupied for public toilets. SECTION 304—REQUIREMENTS FOR GROUP B
The building official may cause Division 4 structures to be rein- OCCUPANCIES
spected at least once every six months. 304.1 Group B Occupancies Defined.
Grandstands, bleachers or folding and telescoping seating may Group B Occupancies shall include buildings, structures, or
have seat boards,toeboards,bearing or base pads and footboards portions thereof,for office, professional or service-type transac-
of combustible materials regardless of construction type. tions, which are not classified as Group H Occupancies.Such oc-
Seating and exiting requirements for reviewing stands,grand- cupancies include occupancies for the storage of records and
stands, bleachers, and folding and telescoping seating are pro- accounts, and eating and drinking establishments with an occu-
vided under Section 1008. pant load of less than 50.Business occupancies shall include,but
not be limited to,the following:
3033 Location on Property. Buildings housing Group A Oc-
cupancies shall front directly on or discharge to a public street not 1. Animal hospitals, kennels, pounds.
Jless than 20 feet (6096 mm) in width. The exit discharge to the 2.Automobile and other motor vehicle showrooms.
public street shall be a minimum 20-foot-wide(6096 mm)right- 3. Banks.
of-way,unobstructed and maintained only as exit discharge to the
public street.The main entrance to the building shall be located on 4. Barber shops.
a public street or on the exit discharge. 5. Beauty shops.
For fire-resistive protection of exterior walls and openings, as 6. Car washes.
determined by location on property, see Section 503 and Chap- 7. Civic administration.
ter 6.
8. Outpatient clinic and medical offices (where five or less
303.4 Access and Exit Facilities. Exits shall be provided as patients in a tenant space are incapable of unassisted self-
specified in Chapter 10. (For special exiting requirements, see preservation).
1-15
304.1 1997 UNIFORM BUILDING CODE
305.2.2.1
9. Dry cleaning pick-up and delivery stations and self-service. 304.6 Shaft and Exit Enclosures. Exits shall be enclosed as
specified in Chapter 10.
10. Educational occupancies above the 12th grade.
11. Electronic data processing. Elevator shafts,vent shafts and other openings through floors
shall be enclosed, and the enclosure shall be as specified in Sec-
12. Fire stations. tion 711.
13. Florists and nurseries. In buildings housing Group B Occupancies equipped with au-
14. Laboratories—testing and research. tomatic sprinkler systems throughout,enclosures need not be pro-
vided for escalators where the top of the escalator opening at each
15. Laundry pick-up and delivery stations and self-service, story is provided with a draft curtain and automatic fire sprinklers
16. Police stations. are installed around the perimeter of the opening within 2 feet
(610 mm)of the draft curtain.The draft curtain shall enclose the
17. Post offices. perimeter of the unenclosed opening and extend from the ceiling
18. Print shops. downward at least 12 inches(305 mm)on all sides.The spacing
between sprinklers shall not exceed 6 feet(1829 mm).
19. Professional services such as attorney, dentist, physician,
engineer. 304.7 Sprinkler and Standpipe Systems. When required by
20. Radio and television stations. Section 904.2.1 or other provisions of this code, automatic sprin-
kler systems and standpipes shall be installed as specified in
21.Telephone exchanges. Chapter 9.
For occupancy separations, see Table 3-B. 304.8 Special Hazards. Chimneys and heating apparatus shall
conform to the requirements of Chapter 31 of this code and the
304.2 Construction,Height and Allowable Area.
Mechanical Code.
304.2.1 General. Buildings or parts of buildings classed as Storage and use of flammable and combustible liquids shall be
Group B Occupancies because of the use or character of the occu- in accordance with the Fire Code.
pancy shall be limited to the types of construction set forth in
Devices generating a glow, spark or flame capable of igniting
Table 5-B. Such occupancies shall not exceed,in area or height,
the limits specified in Sections 504,505 and 506 and shall comply flammable vapors shall be installed such that sources of ignition
are at least 18 inches(457 mm) above the floor of any room in
with the provisions of this section.
which Class I flammable liquids or flammable gases are used or
304.2.2 Special provisions. stored.
304.2.2.1 Laboratories and vocational shops. Laboratories Stationary lead-acid battery systems used for facility standby,
and vocational shops in buildings used for educational purposes, emergency power or uninterrupted power supplies shall be
and similar areas containing hazardous materials, shall be sepa- installed and maintained in accordance with the Fire Code.
rated from each other and other portions of the building by not less
than a one-hour fire-resistive occupancy separation. When the SECTION 305— REQUIREMENTS FOR GROUP E
quantities of hazardous materials in such uses do not exceed those OCCUPANCIES
listed in Table 3-D or 3-E,the requirements of Sections 307.5 and
307.8 shall apply.When the quantities of hazardous materials in 305.1 Group E Occupancies Defined. Group E Occupancies
such uses exceed those listed in Table 3-D or 3-E,the use shall be shall be:
classified as the appropriate Group H Occupancy. Division 1. Any building used for educational purposes
Occupants in laboratories having an area in excess of 200 through the 12th grade by 50 or more persons for more than 12
Isquare feet(18.6 m2)shall have access to at least two exits or exit- hours per week or four hours in any one day.
access doors from the room and all portions of the room shall be Division 2. Any building used for educational purposes
within 75 feet(22 860 mm)of an exit or exit-access door. through the 12th grade by less than 50 persons for more than 12
hours per week or four hours in any one day.
304.2.2.2 Amusement buildings. Amusement buildings with
an occupant load of less than 50 shall comply with Section 408. Division 3.Any building or portion thereof used for day-care
purposes for more than six persons.
304.3 Location on Property. For fire-resistive protection of ex- For occupancy separations,see Table 3-B.
tenor walls and openings,as determined by location on property,
see Section 503 and Chapter 6. 305.2 Construction,Height and Allowable Area.
' 304.4 Access and Means of Egress Facilities. Means of egress 305.2.1 General. Buildings or parts of buildings classed in
shall be provided as specified in Chapter 10. See also Section Group E because of the use or character of the occupancy shall be
304.2.2.1 for means of egress from laboratories. limited to the types of construction set forth in Table 5-B and shall
not exceed,in area or height,the limits specified in Sections 504,
Access to,and egress from,buildings required to be accessible
shall be provided as specified in Chapter Il. 505 and 506,except that the area may be increased by 50 percent
when the maximum travel distance specified in Section 1004.2.5
304.5 Light,Ventilation and Sanitation. Light,ventilation and is reduced by 50 percent.
sanitation shall be in accordance with Chapters 12 and 29 and this 305.2.2 Atmospheric separation requirements.
section.
305.2.2.1 Definitions. For the purpose of this chapter and Sec-
304.5.1 Ventilation of flammable vapors. See Section tion 1007.3, the following definitions are applicable:
1202.2.2 for ventilation of flammable vapors.
COMMON ATMOSPHERE exists between rooms, spaces
304.5.2 Sanitation. The number of plumbing fixtures shall not or areas within a building that are not separated by an approved
be less than specified in Section 2902.3. smoke- and draft-stop barrier.
1-16
CS150I01 LOVELAND MUNICIPAL COURT 7/25/03
Charged Party Case History 10 : 23 : 50
Name . : WEIR, HEATHER LYNNETTE Race . : Sex . : F DOB . : 3101968
SSN . : 000000000 Drivers license . : 922474868 CO Warrants . : N
Balance: . 00 Pending payments . 00 Pending bonds . : . 00
Type options, press Enter.
2=Change 4=Delete 5=Display 6=AR 7=Parties 8=Events 9=Violations
10=Remarks 11=Disposition 14=Relations 15=Payments 16=Chg Citation . . .
Opt Case number Violation Date Disp Date Bond Assessed Balance
R HS02-00125 PUBLIC NUISANC 071602 GUILTY 102802 . 00 25 . 00 . 00
TR98-01664 FAILED TO STOP 121898 GUILTY 022499 . 00 50 . 00 . 00
98-05539 PARKING FOR CE 082598 GUILTY 090198 . 00 . 00 . 00
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CS462U01 CITY OF LOVELAND - MUNICIPAL COURT 7/25/03
Case Management Charge Disposition 10 : 22 : 45
Case/Name : HS02-00125 WEIR, HEATHER LYNNETTE
Status : SUSPENDED SENTENCE
Type information, press Enter.
Ticket Violation 1 Plea Disp Method Date
155998 PUBLIC NUISANCE NC GUL BEN 10/28/02
07/16/2002 1000 W 8TH ST
Sent Status Due Date Term Type Credit Susp Remarks Maint Remarks Exist
PAYFC COMP 11/12/02 N N
S3 PEND 2/12/03 _ N N
$6 PEND 5/12/03 N N
$9 PEND 8/12/03 N N
More. . .
Ch Gp Description Cur Amt Due New Amt Due Sentence Amt Suspended Amt Evt
CC15 COURT COST $15 . 00 . 00 15 . 00 . 00 N
SURCH SURCHARGE . 00 . 00 10 . 00 . 00 N
MF$$ MUNICIPAL CT F . 00 . 00 1000 . 00 1000 . 00 N
. 00 . 00 . 00 . 00
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F17=Payment Plan
CS335U01 CITY OF LOVELAND - MUNICIPAL COURT 7/25/03
Work With Remarks 10 : 23 : 44
Case number . : HS02-00125
Type information, press Enter.
Event or Last Chg
Type Sentence Remarks Date
C CONT FOR SENT-MORE INFO NEEDED ON CLEAN-UP,DEF HAS 10/28/2002
C 14 DOGS-NO NEW DOGS TO BE ADDED BETWEEN NOW & SENT 10/28/2002
C DEF TO CONTACT CSU OR SOMEONE TO BE ADVISED ON CLE 10/28/2002
C AN-UP-HS OFFICER TO RETURN TO PROP & RE-EVALUATE _ 10/28/2002
C PROPERTY & RETURN ON SENT ON 11120201 : 30PM. _ 10/28/2002
C 111202-S1000FSUSP UPON COND OF ODOR PROB BEING CON 11/12/2002
C TROLED-HS WILL SURVEY PROB EVERY 3 MTHS-# OF DOGS 11/12/2002
C TO ONLY BE 10 0 ANY 1 TIME-DEF TO HAVE # OF DOGS T 11/12/2002
C 0 10 BY 112902-WRITTEN REVIEWS FROM HS . 11/12/2002
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