HomeMy WebLinkAbout20222198.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR22-0014, FOR A KENNEL (BOARDING KENNEL, DAYCARE AND
TRAINING FACILITY FOR UP TO 25 DOGS ON AVERAGE, WITH A MAXIMUM OF 60
DOGS ONSITE AT ANY ONE TIME) IN THE A (AGRICULTURAL) ZONE DISTRICT -
STEVEN AND KELLY ROLL
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 3rd day of
August, 2022, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Steven and Kelly Roll, 1644 County Road 47, Hudson, Colorado 80642, for a
Site Specific Development Plan and Use by Special Review Permit, USR22-0014, for a Kennel
(boarding kennel, daycare and training facility for up to 25 dogs on average, with a maximum of
60 dogs onsite at any one time) in the A (Agricultural) Zone District, on the following described
real estate, being more particularly described as follows:
Being part of the NW1/4 of Section 25, Township 1
North, Range 65 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 22-2-10.6 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 property owner's business
CC . PL. CrP/htN/C&+), CA(Krt), A.PPL.
9113/22.
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SPECIAL REVIEW PERMIT (USR22-0014) - STEVEN AND KELLY ROLL
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will comply with local regulations and does not appear to interfere
with, or infringe on upon, the rights of others.
2) Section 22-2-30 C.1 states: "Transition between land use types and
intensities with buffers. Uses that are incompatible with existing
uses must be able to mitigate conflicts." The facility will utilize
existing buildings on the property. Outdoor training areas are
screened from the residence to the north by existing buildings. The
nearest training area is located along the northern part of the
property (approximately 675 feet from the nearest residence).
B. Section 23-2-230.6.2 — The proposed use is consistent with the intent of the
A (Agricultural) Zone District. The proposed operation is controlled and does not
interfere with agricultural activities or other Use by Right activities.
Section 23-3-40.N allows for kenneling, dog training and supporting activities for
more than four (4) dogs with approval of a Use by Special Review Permit.
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. The proposal meets the
intent because the proposed use is compatible with existing agricultural activities
and activities related to agriculture. A portion of the property (20 acres) is in hay
production and the application states the applicant has and continues to offer
discounts to 4-H kids to assist them with their projects.
C. Section 23-2-230.6.3 — The uses which will be permitted will be compatible with
the existing surrounding land uses. The property is adjacent to cropland and
four (4) single family residences are located within approximately 1,400 feet from
the facility. The kennel facilities will be located inside of a building. The operation
is screened from the nearest residence to the north by existing buildings. Also, the
operation is located on the north side of the property (away from the residences
located to the south) and is partially screened by existing trees and vegetation.
Additionally, the applicant has provided a Lighting Plan and Noise Study. The
Noise Study indicates that the residential limits can be adhered to at the low
reading points in the study. No responses have been received from surrounding
property regarding this application. 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 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
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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 Town of Hudson. The site is located
approximately 1.25 miles outside of the Town of Hudson Growth Management
Area, as delineated in the Town of Hudson Comprehensive Plan. No referral
response has been received from the Town of Hudson regarding this case.
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, or a Special Flood Hazard Area, MS4 area, 1-25 Overlay District or a
Historic Townsite. 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 approximately 43.39 acres delineated as Farmland of
Statewide Importance, Farmland of Local Importance, Not Prime Farmland and
Prime if Irrigated Farmland, per the 2020 Natural Resource Conservation Service
Soil Survey. The improvements associated with the facility are existing and no
prime agricultural land is affected by this proposal.
G. Section 23-2-230.6.7 — 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 Steven and Kelly Roll, for a Site Specific Development
Plan and Use by Special Review Permit, USR22-0014, for a Kennel (boarding kennel, daycare
and training facility for up to 25 dogs on average, with a maximum of 60 dogs onsite at any one
time) 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 On -site Wastewater Treatment System (OWTS) permitted as
SP -1900090, shall receive final approval in accordance with the Weld
County OWTS Regulations.
B. The applicant shall address the requirements of the Colorado Department
of Agriculture — Inspection and Consumer Services Division as stated in
their referral dated May 13, 2022. Written evidence of such shall be
provided to the Department of Planning Services.
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C. The applicant shall acknowledge and address the requirements of the
Colorado Division of Water Resources. Written evidence of such shall be
provided to the Department of Planning Services.
D. The applicant shall provide the following to the Department of Planning
Services:
1) Evidence that a complete Change of Use Permit (to commercial) for
the 3,600 -square -foot kennel building has been submitted to the
Department of Building Inspection.
2) Evidence that a Change of Use Permit (to commercial) for the
existing 14,400 -square -foot barn/horse arena has been submitted
to the Department of Building Inspection.
3) Evidence that a complete Commercial Building Permit has been
submitted for a deck and pool (associated with dog dock diving) to
the Department of Building Inspection.
E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR22-0014.
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) County Road 47 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.
5) The applicant shall show and label the approved access locations,
approved access widths, and the appropriate turning radii on the
site plan. The applicant must obtain an upgraded access permit in
the approved location prior to construction.
6) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
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7) The applicant shall show and label the approved tracking control on
the site plan.
8) The applicant shall show and label the drainage flow arrows.
9) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
10) The parking area for customers and employees shall be identified
on the plat. The parking area shall conform to all standards of the
Americans with Disabilities Act.
11) The applicant shall delineate on the map the trash collection areas.
Section 23-2-240.A.13 of the Weld County Code addresses the
issue of trash collection areas.
12) The map shall delineate the existing landscaping.
13) The map shall delineate the onsite lighting in accordance with the
approved Lighting Plan.
14) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 of the Weld County Code.
15) The map shall delineate the parking area for the vendors,
customers and/or employees.
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. Prior to Construction:
A. The approved access point shall be permitted, and the tracking control shall
be constructed prior to any on -site construction.
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B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required prior to the start of construction.
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 3rd day of August, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: diz44) v• ;,,
Weld County Clerk to the Board
County Attorney
Date of signature: Si3I X22
S"dbltt K James, Chair
teve Moreno
Lori Saine
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
STEVEN AND KELLY ROLL
USR22-0014
1 Site Specific Development Plan and Use by Special Review Permit, USR22-0014, is for a
Kennel (boarding kennel, daycare and training facility for up to 25 dogs on average, with
a maximum of 60 dogs onsite at any one time) 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. Any future structures or uses onsite must obtain the appropriate Zoning and Building
Permits.
4. The hours of operation for the Boarding Kennel are 24 hours a day. All kennel animals
shall be kept indoors between 7:00 p.m. and 7:00 a.m.
5. The hours of operation are Monday — Friday, 6:00 a.m. - 6:00 p.m., Saturday and Sunday,
8:00 a.m. - 5:00 p.m.
6. The maximum number of dogs onsite at any one time shall be up to 60.
7. The parking area on the site shall be maintained.
8. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code.
9. The existing landscaping on the site shall be maintained.
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. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
13. Prior to the release of Building Permits, the applicant shall be required to submit a
complete Access application for the "preliminarily approved" access location as shown on
this plan.
14. The historical flow patterns and runoff amounts on the site will be maintained.
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.
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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 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. Any On -site Wastewater Treatment Systems (OWTS) located on the property must
comply with all provisions of the Weld County Code, pertaining to OWTS. The OWTS
permitted as SP -1900090, cannot be used for business use unless the well permitted as
185934, is re -permitted for commercial use or water is hauled to the facility for kennel use.
21. A permanent, adequate water supply shall be provided for drinking and sanitary purposes,
as applicable. The well permitted as 185934, cannot be used 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. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division
of Animal Industry regulations.
25. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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.
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27. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
28. 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.
29. 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.
30. 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.
31. 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 Planning Services may grant an extension of time, for
good cause shown, upon a written request by the landowner.
32. 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.
33. 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
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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.
34. 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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