HomeMy WebLinkAbout20220500.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR21-0021, FORA BOARDING KENNEL LIMITED TO TWENTY (20) DOGS
OVER THE AGE OF SIX (6) MONTHS AND CANINE OBEDIENCE CLASSES IN
SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT - JOHN AND MEGAN
SCHRIEFER
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 16th day of
February, 2022, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of John and Megan Schriefer, 16876 Longs Peak Road, Greeley, Colorado
80631, for a Site Specific Development Plan and Use by Special Review Permit, USR21-0021,
for a Boarding Kennel limited to twenty (20) dogs over the age of six (6) months and canine
obedience classes in subdivisions in the A (Agricultural) Zone District, on the following described
real estate, being more particularly described as follows:
Lot 10 of Pinnacle Park Second Filing; being part of
Section 14, Township 6 North, Range 66 West of the
6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicants were present and represented by Caitlin
Sheahan, Kimley-Horn, 3801 Automation Way, Suite 210, Fort Collins, Colorado 80525, 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:
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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land for a dog training facility and small 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 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, 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 of the
site include rural residential properties on platted lots and Recorded
Exemption lots adjacent to the Greeley No. 2 canal to the south. The
proposed use of the site will be to maintain the current residential use and
add the additional use of Canine Training and Kenneling facility, offering
classes in the evenings until 8:30 p.m., with kennel hours restricted to
three (3) hours in the morning and three (3) hours in the late afternoon.
Dog training will occur outdoors, weather permitting, and kenneling will
occur in a proposed 3,500 square -foot building that will also have an office
and lavatory. The family running the business will remain living on the
property, as it is their home. The property owner/applicant held an open
house in August 2021, with four (4) neighbors attending. As part of the
application, four (4) of the neighbors wrote letters of support, and more than
ten (10) current clients also wrote favorable recommendations of support,
for both the owner/applicant and the proposed facility. Weld County
Department of Planning Services staff sent notice to 17 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,
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Conditions of Approval, and Development Standards will assist in
mitigating the impacts of the facility on adjacent properties and ensure
compatibility with the 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 area of
the City of Greeley and the Town of Eaton. The City of Greeley in their
referral dated November 24, 2021, and the Town of Eaton in their referral
dated November 23, 2021, indicated they have no concerns. 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 2.75 -acre platted subdivision lot,
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 John and Megan Schriefer, for a Site Specific Development Plan
and Use by Special Review Permit, USR21-0021, for a Boarding Kennel limited to twenty (20)
dogs over the age of six (6) months and canine obedience classes in subdivisions in the
A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
Prior to recording the map:
A. The applicant shall acknowledge the requirements of the New Cache La
Poudre Irrigating Company (Greeley No. 2), referral dated December 16,
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2021. Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
B. A Lighting Plan shall be submitted to, and approved by, the Department of
Planning Services, if using outdoor lighting for evening classes.
C. 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.
D. The Colorado Department of Transportation (CDOT) has jurisdiction over
all accesses to the state highways. Please contact CDOT to verify the
Access Permit or for any additional requirement that may be needed to
obtain or upgrade the permit, if applicable.
E. The applicant shall submit a Noise Management Plan, for review and
acceptance, by the Department of Planning Services to address the
barking of dogs when classes are held in an outdoor venue.
F. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR21-0021.
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 landscaping in accordance with the
approved Landscape Plan.
6) The map shall delineate the on -site lighting in accordance with the
approved Lighting Plan.
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) Longs Peak Drive is a paved 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
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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 approved access locations,
approved access width and the appropriate turning radii on the site
plan. The applicant must obtain an Access Permit in the approved
locations prior to operation.
11) The applicant shall show and label the drainage flow arrows.
12) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
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 Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required 120 days from the date
of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge 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
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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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of February, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD CQ�JNTY, COLORADO
ATTEST: d„Q� J W. • tO%K
Weld County Clerk to the Board
BY:
I4W f\J //
eputy Clerk to the Board
APPROVED AS TO FOR
County Attorney
Date of signature: 3f3/2
Scott K. James, Chair
MFTeeman, Pro -Tend
rry L. B)k
teve Moreno
Lori Saine
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JOHN AND MEGAN SCHRIEFER
USR21-0021
1. The Site Specific Development Plan and Use by Special Review Permit, USR21-0021, is
for a Boarding Kennel limited to twenty (20) dogs over the age of six (6) months and canine
obedience classes in subdivisions in the A (Agricultural) Zone District, subject to the
Development Standards stated hereon. This permit is non-transferrable and shall expire
upon conveyance of the property to a new owner.
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 a day. All kennel animals
shall be kept indoors between 7:00 p.m. and 7:00 a.m.
4. The kennel component is an option for clients to board their dog in order to receive one-on-
one obedience training while being boarded. The kennel is not proposed to be a vacation
boarding facility for owners to use while on their holidays.
5. The hours of operation for the office are 8:00 a.m. to 5:00 p.m., daily.
6. The hours of operation for the group canine obedience classes are from 5:00 p.m. to
8:30 p.m., Monday — Saturday.
7. The number of full-time employees shall be up to two (2), in addition to the property
owners.
8. The parking area on the site shall be maintained.
9. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code.
10. The existing and proposed landscaping and screening on the site shall be maintained in
accordance with the accepted Landscape and Screening Plan.
11. 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.
12. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
13. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
14. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall require an approved Right -of -Way Use Permit prior to commencement.
15. The historical flow patterns and runoff amounts on the site will be maintained.
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16. 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.
17. 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.
18. 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.
19. 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.
20. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone, as delineated in C.R.S. §25-12-103.
21. The applicants shall comply with all applicable rules and regulations of the Colorado
Department of Agriculture (CDA), Division of Animal Industry.
22. 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.
23. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and
patrons of the facility. The facility shall utilize the existing public water supply, as required
(North Weld County Water District).
24. Any On -site Wastewater Treatment System (OWTS) located on the property must comply
with all provisions of the Weld County Code, pertaining to the OWTS.
25. In the event the applicant intends to utilize the existing OWTS (G19722139) for business
use, the OWTS shall be reviewed by a Colorado Registered Professional Engineer. 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.
26. 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 public view.
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27. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
28. Lighting shall be maintained in accordance with the approved Lighting Plan
29. 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.
30. 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, 2020
International Energy Code; 2020 National Electrical Code, and Chapter 29 of the Weld
County Code. A Plan Review shall be approved, and a permit must be issued prior to the
start of construction.
31. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
32. 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.
33. 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.
34. 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.
35. 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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36. 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.
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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