HomeMy WebLinkAbout20240405.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR23-0038, FOR A BREEDING KENNEL LIMITED TO 30 DOGS OVER THE
AGE OF SIX (6) MONTHS OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES
IN THE A (AGRICULTURAL) ZONE DISTRICT - MARVIN SPAYD AND EDIE PITTMAN,
C/O FRENCH BRED FRENCHIE'S, LLC
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 21st day of
February, 2024, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Marvin Spayd and Edie Pittman, c/o French Bred Frenchie's, LLC,
24781 County Road 4, Hudson, Colorado 80643, for a Site Specific Development Plan and Use
by Special Review Permit, USR23-0038, for a Breeding Kennel limited to 30 dogs over the age
of six (6) months outside of subdivisions and historic townsites in the A (Agricultural) Zone District,
on the following described real estate, being more particularly described as follows:
Lot A of Recorded Exemption, RECX17-0223,
being part of the E1/2 SE1/4 of Section 30,
Township 1 North, Range 64 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was present, 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 recommendation 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. The applicant has demonstrated that the request is in conformance 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.
1) Section 22-2-10.B states: "Respecting Private Property Rights. One
of the basic principles upon which the United States was founded
is the right of citizens to own and utilize property so long as that use
complies with local regulations and does not interfere with or
infringe upon the rights of others." The request to utilize the
residential platted parcel located on non -agriculturally productive
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SPECIAL REVIEW PERMIT (USR23-0038) - MARVIN SPAYD AND EDIE PITTMAN,
CIO FRENCH BRED FRENCHIE'S, LLC
PAGE 2
land for a breeding kennel, as well as on -going residential use, is in
line with this Section of the Comprehensive Plan. The property
owner's business will comply with local regulations and does not
appear to interfere with, or infringe upon, the rights of others.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 22-3-10 — Intent, states: "Agriculture in the County is
considered a valuable resource, which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the county. The A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production, and
for areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses." This
Code Section, in essence, supports the proposed USR application,
as the proposed operation is controlled and does not interfere with
agricultural activities or other Use by Right activities. Weld County
Code Section 23-3-40.N allows for kenneling and supporting
activities for more than four (4) dogs, with approval of a Use by
Special Review Permit.
C. Section 23-2-230.6.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding land uses of the
site include rural residential properties on recorded exemption lots and
tracts of dryland and irrigated agricultural lands to the south. The proposed
use will maintain the current residential use and add the breeding kennel
component. There are four (4) neighbors in the immediate vicinity of the
kennel, with the nearest neighbor approximately 265 feet to the east. The
neighbor to the southwest is approximately 570 feet from the kennel, with
all other property owners at a distance greater than 1,000 feet. Letters of
support from the three (3) surrounding property owners (SPOs) were
included with the application. The applicant and owner of the business will
live on the property, as it is their home.
Weld County Department of Planning Services staff sent notice to eight (8)
SPOs within 500 feet of the proposed USR boundary. No telephone calls
or correspondence were received in opposition to the proposed facility.
The applicant submitted three (3) letters of support. One (1) from the
neighbor adjacent to the north, one (1) from the neighbor who resides
two (2) properties to the west, and one (1) from the neighbor south of
County Road 4.
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The proposed use is in an area that can support this development and the
proposed screening, Conditions of Approval and Development Standards
will assist in mitigating the impacts of the facility on adjacent properties and
ensure compatibility with surrounding land uses and region.
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 the three (3) mile referral area,
Coordinated Planning Agreement area, or an Intergovernmental
Agreement area for any municipality. The site is located within
three (3) miles of Adams County, which returned a referral dated
October 26, 2023, stating no concerns.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
Airport Overlay District, 1-25 Overlay District, Geologic Hazard Overlay
District, MS4 - Municipal Separate Storm Sewer System area, Historic
Townsites Overlay District, or Agricultural Heritage Overlay District.
Building Permits issued on the property will be required to adhere to the
fee structure of the County -Wide Road Impact Fee, County Facility Fee,
and Drainage Impact Fee Programs.
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 kennel is located on a 11.03 -acre lot with existing improvements,
therefore, no prime agricultural land is affected by the proposal.
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 can ensure
there are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County. This proposal
has been reviewed by the appropriate referral agencies and it has been
determined that the attached Conditions of Approval and Development
Standards ensure there are adequate provisions for the protection of the
health, safety and welfare of the inhabitants of the neighborhood and
county and will address and mitigate impacts on the surrounding area with
the operation of this facility.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Marvin Spayd and Edie Pittman,
c/o French Bred Frenchie's, LLC, for a Site Specific Development Plan and Use by Special
Review Permit, USR23-0038, for a Breeding Kennel limited to 30 dogs over the age of
six (6) months outside of subdivisions and historic townsites in the A (Agricultural) Zone District,
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SPECIAL REVIEW PERMIT (USR23-0038) - MARVIN SPAYD AND EDIE PITTMAN,
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on the parcel of land described above, be, and hereby is, granted subject to the following
conditions:
1. Prior to recording the map:
A. The applicant shall address the requirements the Department of Planning
Services — Building Inspection, as stated in the referral response, dated
October 24, 2023. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
B. The applicant shall address the requirements of the State of Colorado
Division of Water Resources, as stated in the referral response, dated
November 15, 2023. Evidence of such shall be submitted, in writing, to the
Weld County Department of Public Health and Environment and the
Department of Planning Services.
C. A Lighting Plan shall be submitted to, and approved by, the Department of
Planning Services.
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR23-0038.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate the trash collection areas on the map.
Section 23-2-240.A.13 of the Weld County Code addresses the
issue of trash collection areas.
5) The map shall delineate the on -site lighting in accordance with the
accepted Lighting Plan.
6) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 of the Weld County Code.
7) The map shall delineate the dedicated parking space for the
veterinarian.
8) County Road 4 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
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SPECIAL REVIEW PERMIT (USR23-0038) - MARVIN SPAYD AND EDIE PITTMAN,
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measured from the edge of the right-of-way. This road is maintained
by Weld County.
9) The applicant shall show and label the existing permitted access
point onto County Road 4.
10) The applicant shall show and label the site drainage flow arrows.
2. Prior to Operation:
A. The facility shall provide evidence of a current Pet Animal Care Facilities
Act (PACFA) license.
B. The existing barn was built without permits. To use the building for
commercial purposes it will need to be brought into compliance with Weld
County's adopted building codes. In addition to the listed items on the
Commercial Building Permit, the building and foundation will need to be
assessed by a Colorado Licensed Structural Engineer.
C. The kennel building shall have a Certificate of Occupancy.
3. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map the applicant
shall submit a Mylar map along with all other documentation required as Conditions
of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar map and additional requirements shall be submitted
within 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
4. In accordance with Appendix 5-J of the Weld County Code, should the map not be
recorded within the specified timeline from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance fee shall be added for
each additional three (3) month period.
5. The Use by Special Review Permit is not perfected until the Conditions of Approval
are completed and the map is recorded. 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 or the applicant has been approved for an early release agreement.
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SPECIAL REVIEW PERMIT (USR23-0038) - MARVIN SPAYD AND EDIE PITTMAN,
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of February, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTYrCBLORAD
ATTEST: dtdra , je:40:4.
Weld County Clerk to the Board
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AP
Date of signature:
Deputy Clerk to the Board
FORM:
Count torney
31412_4
Kevin D. Ross, Chair
ir
erry L. Buc Pro-Tem
EXCUSED
Mike eeman
Sco K. James
Lori Saine
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MARVIN SPAYD AND EDIE PITTMAN,
C/O FRENCH BRED FRENCHIE'S, LLC
USR23-0038
1. Site Specific Development Plan and Use by Special Review Permit, USR23-0038, is for a
Breeding Kennel limited to 30 dogs over the age of six (6) months outside of subdivisions
and historic townsites in the A (Agricultural) Zone District, 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. USR23-0038 for a breeding kennel for up to 30 dogs is non-transferrable and the permit
shall expire upon conveyance of the property to a new owner.
4. The hours of operation for the breeding kennel are 24 hours a day, seven (7) days a week.
All animals shall be kept indoors between 7:00 p.m. and 7:00 a.m.
5. The number of full-time employees shall be compliant with the PACFA license
requirements.
6. The parking area on the site shall be maintained.
7. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code.
8. The existing landscaping on the site shall be maintained.
9. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
10. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
11. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
12. The historical flow patterns and runoff amounts on the site will be maintained.
13. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
14. 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, C.R.S. §30-20-100.5.
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15. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The applicant shall operate in accordance with Chapter 14, Article I of the Weld
County Code.
16. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations.
17. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone, as delineated in C.R.S. §25-12-103.
18. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division
of Animal Industry regulations.
19. Any On -site Wastewater Treatment System (OWTS) located on the property must comply
with all provisions of the Weld County Code, pertaining to OWTS.
20. Any existing On -Site Wastewater Treatment System shall be reviewed by a Colorado
Registered Professional Engineer, if it will be utilized for the kennel. 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.
21. A permanent, adequate water supply shall be provided for drinking and sanitary purposes,
as applicable. The well permitted as #315922 cannot be used for the business unless it
is re -permitted for commercial use.
22. For employees or patrons onsite for less than two (2) consecutive hours a day, and two (2)
or less full-time employees onsite, portable toilets and bottled water are acceptable.
Records of maintenance and proper disposal for portable toilets shall be retained on a
quarterly basis and available for review by the Weld County Department of Public Health
and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County,
contain hand sanitizers and be screened from existing adjacent residential properties and
public rights -of -way.
23. 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.
24. Any washing areas shall capture all effluent and prevent discharges in accordance with
the Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency.
25. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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26. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any light
source may create a traffic hazard to operators of motor vehicles on public or private
streets. No colored lights may be used, which may be confused with, or construed as,
traffic control devices.
27. Building Permits may be required for any new construction, set up of manufactured
structures, or change of use of existing buildings, per Section 29-3-10 of the Weld County
Code. Buildings and structures 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: 2018 International Building Codes, 2018 International Energy Code, 2020
National Electrical Code, and Chapter 29 of the Weld County Code. A Building Permit
application must be completed and two (2) complete sets of engineered plans, bearing the
wet stamp of a Colorado registered architect or engineer, must be submitted for review.
A Geotechnical Engineering Report, performed by a Colorado registered engineer, or an
Open Hole Inspection shall be required. A Building Permit must be issued prior to the start
of construction.
28. Building Permits issued on the proposed lots will be required to adhere to the fee structure
of the County -Wide Road Impact Fee, County Facility Fee, and Drainage Impact Fee
Programs.
29. All buildings shall comply with the setback from oil and gas wells, per Section 23-4-700 of
the Weld County Code, as amended.
30. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
31. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time to ensure the activities carried out on the property comply with the
Conditions of Approval and Development Standards stated herein and all applicable Weld
County regulations.
32. 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.
33. The property owner or operator shall be responsible for complying with all 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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34. Construction or use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of approval, unless otherwise specified
by the Board of County Commissioners when issuing the original Permit, or the Permit
shall be vacated. The Director of the Department of Planning Services may grant an
extension of time, for good cause shown, upon a written request by the landowner.
35. A Use by Special Review shall terminate when the use is discontinued for a period of
three (3) consecutive years, the use of the land changes or the time period established by
the Board of County Commissioners through the approval process expires. The landowner
may notify the Department of Planning Services of a termination of the use, or Planning
Services staff may observe that the use has been terminated. When either the Department
of Planning Services is notified by the landowner, or when the Department of Planning
Services observes that the use may have been terminated, the Planner shall send certified
written notice to the landowner asking that the landowner request to vacate the Use by
Special Review Permit.
36. In such cases where the Use by Special Review has terminated but the landowner does
not agree to request to vacate the Use by Special Review Permit, a hearing shall be
scheduled with the Board of County Commissioners to provide the landowner an
opportunity to request that the Use by Special Review Permit not be vacated, for good
cause shown. The landowner shall be notified at least ten (10) days prior to the hearing.
If the Board of County Commissioners determines that the Use by Special Review has
terminated and no good cause has been shown for continuing the permit, then the
termination becomes final, and the Use by Special Review Permit is vacated.
37. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and people moving into these areas must
recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
38. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
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