HomeMy WebLinkAbout20231579.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR23-0004, FOR A DOGGIE DAYCARE AND BOARDING KENNEL
LIMITED TO 45 DOGS OVER THE AGE OF SIX (6) MONTHS IN A SUBDIVISION IN
THE A (AGRICULTURAL) ZONE DISTRICT - SHANNON KEMP
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 5th day of
April, 2023, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Shannon Kemp, 11705 Montgomery Circle, Longmont, Colorado 80504, for a
Site Specific Development Plan and Use by Special Review Permit, USR23-0004, for a Doggie
Daycare and Boarding Kennel limited to 45 dogs over the age of six (6) months in a subdivision
in the A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot 3, Lake Meadows Subdivision; being part of
Section 29, Township 3 North, Range 68 West of the
6th P.M., Weld County, Colorado
WHEREAS, on April 5, 2023, the Board heard all of the testimony and statements of those
present, and having been fully informed, continued the matter to June 7, 2023, at 10:00 a.m., to
allow the case to be heard by the Planning Commission on May 2, 2023, and
WHEREAS, on June 7, 2023, the Board heard all of the testimony and statements of those
present, and having been fully informed, deemed it advisable to continue the matter to July 12,
2023, at 10:00 a.m., to allow the applicant additional time to address the items cited in the Zoning
Violation.
WHEREAS, at said hearing on July 12, 2023, the applicant was present and represented
by Dale Hall and Layne Libal, Land One Engineering, 361 71st Avenue, Suite 100, Greeley,
Colorado 80634, 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:
cc: PL(Tr/Kw/Ko/nA kw)CR(KM), RPPL., APPL.REP.
oS/24 /23
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A. Section 23-2-230.6.1 — The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
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
land, for a doggy daycare and 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.
2) Section 23-3-40.N allows for kenneling, dog school 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 platted lots, recorded exemption lots, and
tracts of irrigated agricultural lands. The proposed use is to maintain the
current residential use and add the additional use of a doggy daycare and
overnight kennel. The manager and part-owner of the business will live on
the property, as it is her home. Notices were sent out, by U.S. Mail, to
properties with residential structures within 500 feet of the property,
introducing the proposed doggie daycare and kennel boarding facility, prior
to the applicant submitting the application in early January, 2023. Weld
County Department of Planning Services staff sent notice to nine (9)
surrounding property owners (SPOs) within 500 feet of the proposed USR
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boundary. 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 located within the three (3) mile referral and
Coordinated Planning Agreement (CPA) area, or an Intergovernmental
Agreement area for the City of Longmont and the Towns of Firestone and
Mead. The Town of Firestone, in the Notice of Inquiry (NOI), dated
November 8, 2022, indicated they did not want to pursue annexation of the
property, and the Town of Mead, in the NOI dated November 7, 2022,
indicted the site is located outside of the Mead Area of Influence and within
the Longmont Planning Area. The City of Longmont, in their NOI dated
November 9, 2022, indicated they did not want to pursue annexation of the
property. The site is also within three (3) miles of Boulder County. The
Town of Firestone, in their referral dated January 18, 2023, indicated no
conflicts with their interests. Boulder County, in their referral dated
January 23, 2023, indicated no concerns. The Town of Mead and the City
of Longmont did not return a referral response. The site is located outside
of the Urban Growth Boundary, as delineated on the Town of Firestone
Future Master Plan Map, dated 2014. The site is also located outside of the
Town of Mead's March 2018 Future Land Use Map and Mead Planning
Influence Area. The City of Longmont Future Land Use and Transportation
System Map delineates this area as outside of the Municipal Service Area,
per the Envision Longmont Comprehensive Plan, dated June 2016.
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 an
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 proposed use is located on an 8.72 -acre platted subdivision lot,
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
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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 Shannon Kemp, for a Site Specific Development Plan
and Use by Special Review Permit, USR23-0004, for a Doggie Daycare and Boarding Kennel
limited to 45 dogs over the age of six (6) months in a subdivision 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 map:
A. The applicant shall acknowledge the requirements of the Mountain View
Fire Rescue referral, dated January 24, 2023. Written evidence of such
shall be submitted, in writing, to the Weld County Department of Planning
Services.
B. A Fencing and Landscaping Plan to address the outdoor areas for the
dogs, with a timeline for construction/installation, shall be submitted to, and
accepted by, the Department of Planning Services.
C. The applicant shall address the requirements the Department of Planning
Services — Building Inspection, as stated in the referral response, dated
January 17, 2023. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
D. A Road Maintenance Agreement is required at this location. Road
maintenance includes, but is not limited to, dust control and damage repair
to specified travel routes.
E. A Final Traffic Report, stamped and signed by a Professional Engineer
registered in the State of Colorado, shall be submitted.
F. A copy of the issued State Highway 66 Access Permit from the Colorado
Department of Transportation (CDOT) shall be submitted, if applicable.
G. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR23-0004.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
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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 landscaping, in accordance with the
approved Landscape Plan.
6) The map shall delineate the on -site lighting for the kennel area.
7) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 of the Weld County Code.
8) The map shall delineate the parking area for the vendors,
customers and/or employees.
9) County Road 3 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.
10) The applicant shall show and label the proposed access, approved
access width, and the appropriate turning radii on the site plan. The
applicant must obtain an Access Permit in the approved location.
11) The applicant shall show and label the approved tracking control on
the site plan.
12) The applicant shall show and label the drainage flow arrows.
13) The applicant shall show and label the parking and traffic circulation
flow arrows, showing how the traffic moves around the property.
2. Prior to Certificate of Occupancy:
A. The facility manager shall provide evidence of a current Pet Animal Care
Facilities Act (PACFA) license.
B. An On -site Wastewater Treatment System (OWTS) is required for the
kennel structure and shall be installed according to the Weld County OWTS
Regulations.
C. The existing barn was built without permits. In order 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
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Commercial Building Permit, the building and foundation will need to be
assessed by a Colorado licensed structural engineer.
D. The kennel building shall have a Certificate of Occupancy.
3. Upon completion of Conditions of Approval #1 and #2 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of July, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Weld County Clerk to the Board
I/J(1A w 4-
Deputy Clerk to the Board
APP
ounty A torney
Date of signature: 15122.12
eman, Chair
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SHANNON KEMP
USR23-0004
1. Site Specific Development Plan and Use by Special Review Permit, USR23-0004, is for a
Doggie Daycare and Boarding Kennel limited to 45 dogs over the age of six (6) months in
a subdivision 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 boarded animals shall
be kept indoors between 7:00 p.m. and 7:00 a.m.
4. The hours of operation for the office are 7:00 a.m. to 6:00 p.m., Monday through Friday,
and on Saturday and Sunday, 10:00 a.m. to 4:00 p.m., as stated in the application
materials.
5. The number of full-time employees shall be up to four (4), in addition to the property
owners.
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 and proposed fencing on the site shall be maintained.
9. 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.
10. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
11. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
12. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
13. The Road Maintenance Agreement for this site may be reviewed on an annual basis,
including a site visit and possible updates.
14. The historical flow patterns and runoff amounts on the site will be maintained.
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15. 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.
16. 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.
17. 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.
18. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Control Commission's Air Quality Regulations. The
accepted Dust Abatement Plan shall be adhered to.
19. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone, as delineated in C.R.S. §25-12-103.
20. The applicant shall comply with all applicable rules and regulations of the Colorado
Department of Agriculture (CDA), Division of Animal Industry.
21. 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.
22. A permanent, adequate water supply shall be provided for drinking and sanitary purposes,
as applicable.
23. 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.
24. Any On -site Wastewater Treatment System (OVVTS) located on the property must comply
with all provisions of the Weld County Code, pertaining to OWTS.
25. 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.
26. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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27. 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.
28. 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.
29. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
30. 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.
31. 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.
32. 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.
33. 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.
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34. 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.
35. 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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