HomeMy WebLinkAbout20230583.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR22-0033, FOR A BREEDING AND BOARDING KENNEL, LIMITED TO
14 DOGS OVER THE AGE OF SIX (6) MONTHS AND TRAINING OF UP TO 12 DOGS
PER YEAR, OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE
A (AGRICULTURAL) ZONE DISTRICT - CHRISTOPHER GLEASON
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 8th day of
March, 2023, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Christopher Gleason, 45144 County Road 33, Pierce, Colorado 80650, for a
Site Specific Development Plan and Use by Special Review Permit, USR22-0033, for a Breeding
and Boarding Kennel, limited to 14 dogs over the age of six (6) months and training of up to 12
dogs per year, 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 B of Recorded Exemption, RECX17-0152;
being part of the W1/2 W1/2 of Section 14,
Township 8 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, on March 8, 2023, the Board heard all of the testimony and statements of
those present and reviewed the request of the applicant for a continuance and, having been fully
informed, continued the matter to March 22, 2023, at 10:00 a.m., to allow the applicant to be
present.
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.
cc: PL(TP/MN/K.), CA (Km), APPL
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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
land for small-scale breeding and boarding, 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 23-2-230.6.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — 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.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding land uses include
rural residential properties on recorded exemption lots. The proposed use
of the site will be to maintain the current residential use and add the
additional use of a small-scale breeding and boarding kennel for up to
14 dogs with anticipated limits placed at ten (10)-12 dogs at any one time.
The proposed hours of operation are Monday through Sunday, 8:00 a.m.
to 6:00 p.m.; typically, clients do not visit the property unless utilizing the
boarding option. There is 24 -hour security on the site and the family running
the business will remain living on the property, as it is their home. Weld
County Department of Planning Services staff sent notice to seven (7)
surrounding property owners within 500 feet of the proposed USR
boundary. No written correspondence or telephone calls were received.
The proposed use is in an area that can support this development and the
proposed screening, Conditions of Approval and Development Standards
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will assist in mitigating the impacts of the facility on adjacent properties and
ensure compatibility with surrounding land uses and the 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 located within the three (3) mile referral area of
the Towns of Pierce and Nunn. The Town of Pierce, in a referral dated
December 8, 2022, raised concerns for the safety of the dogs and the
persons at the facility, requesting further investigation to ensure the safety
of the property owners and greater community. The Town of Nunn did not
return a referral response. The property is not within a Coordinated
Planning Agreement Area or an Intergovernmental Agreement Area.
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
Geologic Hazard Overlay District, Agricultural Heritage Overlay District,
Airport Overlay District, Special Flood Hazard Area, the Municipal Separate
Storm Sewer Systems (MS4) defined boundary or the Historic Townsites
Overlay Districts. 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 proposal is located on a 4.17 -acre recorded exemption lot with
Farmland of Statewide Importance soils. This site was platted for a small
rural residential acreage property. There is no irrigation water associated
with the parcel, therefore, no prime agricultural land is affected by this
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
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 Christopher Gleason, for a Site Specific Development
Plan and Use by Special Review Permit, USR22-0033, for a Breeding and Boarding Kennel,
limited to 14 dogs over the age of six (6) months and training of up to 12 dogs per year, outside
of subdivisions and historic townsites in the A (Agricultural) Zone District, on the parcel of land
described above, be, and hereby is, granted subject to the following conditions:
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1. Prior to recording the map:
A. The applicant shall submit written evidence to the Department of Planning
Services of the Pet Animal Care Facilities (PACFA) license, specifically a
boarding/training license and a small-scale dog breeding facility license, if
the applicant raises and produces more than two (2) litters of puppies or
transfers more than 24 puppies, per 12 -month period.
B. A Screening/Fencing Plan to address the outdoor areas for the dogs, with
a timeline for construction/installation, shall be submitted to, and approved
by, the Department of Planning Services.
C. The applicant shall submit written evidence to the Department of Planning
Services — Building Inspection, demonstrating the existing structure utilized
for the kennel is compliant with all applicable 2018 International Building
Codes, 2018 International Energy Codes, 2020 National Electrical Codes,
and Chapter 29 of the Weld County Code.
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR22-0033.
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.
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 parking area for the vendors and
customers.
8) County Road (CR) 33 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
measured from the edge of the right-of-way. This road is maintained
by Weld County.
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9) The applicant shall show and label the 60 -foot -wide access and
utility easement that provides legal access to the parcel from
CR 33.
10) The applicant shall show and label the permitted access location
onto CR 33.
11) The applicant shall show and label the drainage flow arrows.
12) County Road 92 is a section line road. Section line right-of-way
does not exist in all sections in Weld County and should be verified
before a decision to utilize it is made. Weld County commonly refers
to these as "Non -Maintained Section Line Right -of -Way." The
existence of a physical road does not imply public right-of-way and
the road may be located on private property. All rights -of -way
should be verified; and physical roads located in relationship to the
public right-of-way should be verified, to ensure trespassing does
not occur. The applicant shall verify the existing right-of-way and
the documents creating the right-of-way and this information shall
be noted on the site plan or plat. The applicant shall delineate on
the site map or plat the existing right-of-way and physical location
of roads to be used. If the right-of-way cannot be verified it shall be
dedicated or an adequate easement between property owners shall
be provided. Pursuant to the definition of setback in Weld County
Code Section 23-3-50, the required setback is measured from the
future right-of-way line. Be aware that the physical roadway may
not be centered in the right-of-way. This road is NOT maintained by
Weld County.
2. 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.
3. 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.
4. 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
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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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of March, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d;(h.
Weld County Clerk to the Board
ounty Attu 'ey
Date of signature: o'( (I( (23
2023-0583
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CHRISTOPHER GLEASON
USR22-0033
1 Site Specific Development Plan and Use by Special Review Permit, USR22-0033, is for a
Breeding and Boarding Kennel limited to 14 dogs over the age of six (6) months and
training of up to 12 dogs per year, 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. The hours of operation for the Boarding Kennel are 24 hours/day. All kennel animals shall
be kept indoors between 7:00 p.m. and 7:00 a.m.
4. The hours of operation for the office are 8:00 a.m. to 6:00 p.m., daily.
5. The parking area on the site shall be maintained.
6. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code.
7. The existing and proposed screening on the site shall be maintained in accordance with
the accepted Screening Plan.
8. 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.
9. All access and utility easements are dedicated for the benefit of all owners of lots depicted
on this plat, including owners of future lots created therefrom, regardless of lot
configuration or number of users, and without limitation of the use or intensity of the use
of such easements. No lot owner may install a gate or otherwise impede the use of such
easements without the approval of all persons with rights of use of such easements.
10. The historical flow patterns and runoff amounts on the site will be maintained.
11. 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.
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, C.R.S. §30-20-100.5.
13. 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. The accepted Waste Handling Plan shall be adhered to.
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14. 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. The accepted
Dust Abatement Plan shall be adhered to.
15. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone, as delineated in C.R.S. §25-12-103.
16. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division
of Animal Industry regulations.
17. 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.
18. 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.
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. A permanent, adequate water supply shall be provided for drinking and sanitary purposes,
as applicable. The well, permitted as #319402, cannot be used for the business unless it
is re -permitted for commercial use.
21. For employees or patrons onsite for less than two (2) consecutive hours a day, and two (2)
or less full-time employees on -site, 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 public view.
22. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
23. 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.
24. Building Permits shall be required for any new construction or set up manufactured
structure, per Section 29-3-10 of the Weld County Code. A Building Permit application
must be completed and submitted. 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
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County Code. A plan review shall be approved, and a permit must be issued prior to the
start of construction.
25. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
26. 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 in order 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.
27. 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.
28. USR22-0033, for a Breeding and Boarding Kennel limited to 14 dogs over the age of six (6)
months and training of up to 12 dogs per year, outside of subdivisions and historic
townsites in the A (Agricultural) Zone District, is non-transferrable and the Permit shall
expire upon conveyance of the property to a new owner.
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.
30. 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.
31. This 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.
32. 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,
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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.
33. 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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