HomeMy WebLinkAbout20201848.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR20-0009, FOR A KENNEL, AND FOR THE KEEPING, RAISING OR
BOARDING OF EXOTIC ANIMALS IN THE A (AGRICULTURAL) ZONE DISTRICT -
ELLEN OMAN, CIO KEATON CRAWFORD
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 24th day of
June, 2020, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Ellen Oman, 14510 CR 6, Ft. Lupton, Colorado 80621, c/o Keaton Crawford,
22740 Indian Head Rd., Golden, Colorado 80403, for a Site Specific Development Plan and Use
by Special Review Permit, USR20-0009, for a kennel, and for the keeping, raising or boarding of
exotic animals in the A (Agricultural) Zone District, on the following described real estate, being
more particularly described as follows:
Lot 2 of Recorded Exemption, RE-1314; being part
of the S1/2 NW1/4 of Section 28, Township 1 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and represented by Lance
Fondren, Inked Land Company, LLC, 1009 37th Avenue Court, 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. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
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 22-2-20.A (A.Goal 1) states: "Respect and encourage the
continuation of agricultural land uses and agricultural operations for
purposes which enhance the economic health and sustainability of
agriculture." The 57-acre parcel provides space for the property
owner to keep exotic animals as well as animals considered pets
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and those considered livestock. The applicant proposes to build a
50'x80' barn for the animals. The kennel is not a business but rather
the means of tracking the number of household pets on the site
including dogs, cats, rodents, non-venomous, non-exotic reptiles,
and birds. There are no hours of operation or employees. The
agricultural use of the land is in keeping with this goal. The
proposed use is in an area that can support this development and
the Conditions of Approval and Development Standards will assist
in mitigating the impacts of the facility on the adjacent properties
and ensure compatibility with surrounding land uses and the region.
2) Section 22-2-20.H (A.Goal 8) states: "Ensure that adequate
services and facilities are currently available or reasonably
obtainable to accommodate the requested new land use change for
more intensive development."The site is served by a potable water
well permit#184986 and a septic system permit#SP-0500261. Per
an email from the Division of Water Resources, dated March 12,
2020, the water well may be used for the watering of domestic
animals and since "domestic animal" is not defined and does not
exclude the exotic animals, the well will not need to be re-permitted
as a commercial well.
B. Section 23-2-230.B.2. — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-40.K provides for "Keeping, raising or boarding of
exotic animals."
2) Section 23-3-40.N provides for "Kennels, subject to the additional
requirements of Section 23-4-400."
C. Section 23-2-230.B.3 —The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
pastures, crops, and rural residences. There are four (4) residences
surrounding the site. Two (2) of residences are within 100 feet of the site
and the other two (2) are 340 and 620 feet west of the site, respectively.
The closest residence is 37 feet east of the site. There are six (6) USRs
within one (1) mile of this site. SUP-349 for a hog farm (no longer in
operation) is located east of the site, SUP-93 for a feedlot of 1,500 cattle is
located south of the site, USR-1676 for research, repair and manufacture
is located west of the site, USR16-0034 for open pit mining, USR17-0070
for mineral resource development facility and USR17-0032 for a greater
than 12-inch high pressure natural gas pipeline are both located northwest
of the site. The Weld County Department of Planning Services sent notice
to ten (10) surrounding property owners within 500 feet of the proposed
USR boundary. One (1) letter was received from the closest property owner
on May 27, 2020. The letter outlines concern about privacy, traffic, dust,
maintenance of the shared easement, and the impact of cars being lined
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up in front of her house due to the applicant having the gates closed to the
facility. This letter of concern was sent to the applicant on May 28, 2020.
D. Section 23-2-230.6.4—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 a three (3) mile referral area of the
Cities of Fort Lupton and Brighton and the Town of Lochbuie. The City of
Fort Lupton's referral dated April 3, 2020, stated no concerns. The City of
Brighton and the Town of Lochbuie did not return referral agency
comments. The site is also located within the Cooperative Planning
Agreement (CPA) area for the City of Fort Lupton. As part of the
pre-application process, the City of Fort Lupton was notified of the proposal
by Planning staff and were provided Notice of Inquiry forms by the
applicant. The City of Fort Lupton returned a Notice of Inquiry form dated
February 28, 2020, which stated, "The property is located south of our IGA
boundary with Brighton." The City of Brighton's future land use map shows
this area as "Agriculture." The use of these lands is primarily for crop
production and animal husbandry, as well as very low-density residential
housing on a farm or ranch, agricultural business facilities, and public
facilities. The Fort Lupton's future land use map does not extend any further
south than County Road 6 and the Town of Lochbuie's future land use map
does not extend any further west than County Road 33. Since the site is
located close to the intersection of County Road 6 and County Road 29
and County Road 6 it is not included in either of these two (2) municipality's
Comprehensive Plans/future land use maps. The site is not located within
a Regional Urbanization Area (RUA) or Urban Growth Boundary (UGB).
E. Section 23-2-230.6.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
MS4, the Geologic Hazard Overlay District, a Special Flood Hazard Area,
or the Airport Overlay District. Building Permits issued on the lot 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 facility located on both on soils designated as "Irrigated
Land, Not Prime" and as "Prime (Irrigated)" per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. This USR is agricultural
in nature and will not take any "Prime (Irrigated)" Farmland out of
production.
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
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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 Ellen Oman, c/o Keaton Crawford, for a Site Specific
Development Plan and Use by Special Review Permit, USR20-0009, for a kennel, and for the
keeping, raising or boarding of exotic animals 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 address the concerns of the Public Works Referral,
dated April 7, 2020, relating to the existing unpermitted access on to
County Road 6.
B. The applicant shall address the requirements of the State of Colorado
Department of Agriculture — PACFA, as stated in the referral response
dated May 1, 2020. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
C. The applicant shall address the requirements of the Colorado Division of
Parks and Wildlife, as stated in the referral response dated May 1, 2020.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
D. The USR map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR20-0009.
2) The attached Development Standards.
3) The map shall be prepared per 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 applicant shall show and label the transmission line easement.
6) The applicant shall show and label the on-site lighting, if applicable.
7) The applicant shall show and label the parking area on the map.
8) County Road 6 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
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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 right-of-way. This road is maintained by
Weld County.
9) The applicant shall show and label the approved access location,
approved access width and the appropriate turning radii on the site
plan. The applicant must obtain an access permit in the approved
location prior to construction.
10) The applicant shall show and label the drainage flow arrows.
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 map 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. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
5. The Use by Special Review 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
map 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 24th day of June, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: didadt) �JC,���GfO;ti
Mike Freeman, Chair
Weld County Clerk to the Board /21-0-Let-7,0-
Stev Moreno, Pro-Tem
BY:
,'Deputy Clerk to the Board
t mes para.
AP • , DA • ORR K • '%, _
.,���, _ ar ara Kirkme e
County Attorney \ �'�,
`� j j� Kevin D. Ross
Date of signature: O7/21/2O
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ELLEN OMAN, C/O KEATON CRAWFORD
USR20-0009
1. The Site Specific Development Plan and Use by Special Review Permit, USR20-0009, is
for a kennel, and the keeping, raising or boarding of exotic animals 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 kennel is for the private use of the property owners and no boarding of animals owned
by others is allowed.
4. There will be no more than 50 exotic and/or unregulated wildlife animals on the property.
5. There will be no more than 50 domestic pets including dogs, cats, rodents, non-venomous,
non-exotic reptiles, and birds on the property.
6. No dangerous animals are permitted on the site, including, but not limited to, lions, tigers,
leopards, cougars, bears, wolves, rhinoceros, and elephants in compliance with the
Colorado Division of Parks and Wildlife.
7. 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.
8. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
9. Any work that may occupy and/or encroach upon any County rights-of-way or easement
shall acquire an approved Right-of-Way Use Permit prior to commencement.
10. The historical flow patterns and runoff amounts on the site will be maintained.
11. Weld County is not responsible for the maintenance of on-site drainage related features.
12. 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.
13. 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.
14. 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
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conditions. The applicant shall operate in accordance with Chapter 14, Article I, of the
Weld County Code.
15. 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.
16. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On-site Wastewater Treatment Systems.
17. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
The existing well (permit#184986) cannot be used for any commercial business unless it
is repermitted to allow commercial use.
18. 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.
19. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division
of Animal Industry regulations.
20. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
21. 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.
22. 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, 2006
International Energy Code, 2017 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.
23. The property owner or operator shall be responsible for complying with all the foregoing
Development Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
24. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
25. 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
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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.
26. 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.
27. 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.
28. 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.
29. 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 persons 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.
30. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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