HomeMy WebLinkAbout20200531.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0069, FOR A KENNEL (UP TO 120 DOGS SIX (6) MONTHS OF AGE
OR OLDER, TO INCLUDE DOG DAYCARE AND BOARDING) IN THE
A (AGRICULTURAL) ZONE DISTRICT -TROY ANDERSEN
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 19th day of
February, 2020, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Troy Andersen, 7400 Elm St. Enchanted Hills, Longmont, Colorado
80504, for a Site Specific Development Plan and Use by Special Review Permit, USR19-0069,
for a Kennel (up to 120 dogs six (6) months of age or older, to include dog daycare and boarding)
in the A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Subdivision Exemption, SUBX18-0021; being part of
the N1/2 of Section 10, Township 2 North, Range 67
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. 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.B.1 — The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of
agricultural land to non urban residential, commercial and industrial
uses should be accommodated when the subject site is in an area
that can support such development, and should attempt to be
compatible with the region."The proposed Use is in a remote area,
with limited residences nearby. The application materials include a
Noise Abatement Plan that has been approved by the Department
of Public Health and Environment. This USR is in an area that can
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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 22-2-100.A (C.Goal 1) states: "Promote the location of
commercial uses within municipalities, County Urban Growth
Boundary areas, Intergovernmental Agreement urban growth
areas, growth management areas as defined in municipal
comprehensive plans, the Regional Urbanization Areas, Urban
Development Nodes or where adequate services are currently
available or reasonably obtainable." The site is located within the
Firestone and Fort Lupton Cooperation Planning Area (CPA). The
2013 Firestone Comprehensive Plan includes this area in the Urban
Growth Boundary (UGB) which defines the Firestone Master Plan
Area (MPA). The UGB and MPA outline the area of potential
annexation. Firestone's Land Use Map shows this as a"Mixed-Use"
area, that is, an area that provides for a "potential mix of all land
uses, except for very low-density single family residential."Although
the current 2018 Fort Lupton Comprehensive Plan shows the site
on the far western edge of the land use map, Fort Lupton has
annexed County Road 24 up to County Road 19. The intersection
of County Road 24 and 19 is just north of the site. The Fort Lupton
Land Use Map shows this area as Agricultural and Rural
Residential.
3) 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 the Central
Weld County Water District and the applicant is proposing a
commercial septic system. The applicant will also need to comply
with the requirements of the Platteville-Gilcrest Fire Protection
District, as stated in the referral dated December 17, 2019.
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, in part: "The A (Agricultural) Zone
District is also intended to provide areas for the conduct of uses by
Special Review which have been determined to be more intense or
to have a potentially greater impact than uses Allowed by Right."
This Code section allows the applicant to apply for a Use by Special
Review permit for the subject business which is more intense than
Uses Allowed by Right.
2) Section 23-3-40.N — Uses by Special Review, of the Weld County
Code states: "Kennels, subject to the additional requirements of
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Section 23-4-400."This Code section allows the applicant to apply
for a USR for a Kennel in the A (Agricultural) Zone District.
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 an abandoned turkey farm. There are two (2)
residences approximately 500 feet north/northeast of the site. There are
five (5) USRs within one (1) mile of this site. USR-1063 is fora 24-inch gas
line located east of the site. USR-1310 is for an equine center located
northeast of the site. USR-1070 is for an agricultural irrigation business
located northwest of the site. Amended USR-1120 is for an equestrian
center and MUSR13-0017 is for a mineral resource development facility
and both are located southwest of the site. The Weld County Department
of Planning Services sent notice to six (6) surrounding property owners
within 500 feet of the proposed USR boundary, and no responses were
received. No other correspondence or phone calls were received.
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 a three (3) mile referral area of the
City of Fort Lupton and the Town of Firestone. The City of Fort Lupton's
referral agency comment, dated December 16, 2019, stated Public Works,
"County Road 19, if City, is an Arterial Road in our City Transportation Plan
and would have a right-of-way of 110 feet. This would only require
dedication of additional 25 feet, versus the 40 feet shown." County Road
19 is not annexed into the City of Fort Lupton at this location, so the future
right-of-way will need to comply with the County's requirements. The
comments from the City of Fort Lupton's Planning Director further state,
"We met with the applicant concerning the option of annexation. We
request the applicant contact us if they wish to pursue annexation in the
future." The Town of Firestone's referral agency comments, dated
December 30, 2019, stated no concerns. The site is also located within the
Cooperative Planning Area for the City of Fort Lupton and the Town of
Firestone. As part of the pre-application process, both municipalities were
notified of the proposal by Planning staff and were provided Notice of
Inquiry (NOI) forms by the applicant. The City of Fort Lupton returned a
NOI form dated May 16, 2019, which stated, "Fort Lupton met with the
property owners concerning the option of annexation May 16, 2019. Fort
Lupton is interested in annexing the property." The Town of Firestone
returned a NOI form that stated they are not interested in annexation of the
property. The site is not located with a Regional Urbanization Area or Urban
Growth Boundary.
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
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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 is located on soils designated as "Other," per the
1979 Soil Conservation Service Important Farmlands of Weld County Map.
This USR 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
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 Troy Andersen, for a Site Specific Development Plan
and Use by Special Review Permit, USR19-0069, for a Kennel (up to 120 dogs six (6) months of
age or older, to include dog daycare and boarding) 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. An Improvements and Road Maintenance Agreement with triggered future
improvements is required for off-site improvements at this location. Road
maintenance includes, but is not limited to, dust control and damage repair
to specified haul routes. The Agreement shall include provisions
addressing engineering requirements, submission of collateral, and testing
and approval of completed improvements.
B. A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer registered in the State of Colorado, is
required.
C. The applicant shall address the requirements of the Central Weld County
Water District, as stated in the referral response dated January 9, 2020.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
D. The applicant shall address the requirements of the Platteville-Gilcrest Fire
Protection District, as stated in the referral response dated December 17,
2019. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
E. The applicant shall submit a Landscaping and Screening Plan for review
and approval by the Department of Planning Services.
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F. The USR map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0069.
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) If applicable, the map shall delineate the lighting.
6) The map shall show the landscaping and screening, in accordance
with the approved Landscaping and Screening Plan.
7) All signs shall be shown on the map.
8) The map shall delineate the parking area.
9) County Road 19 is a paved road and is designated on the Weld
County Functional Classification Map as an arterial road, which
requires 140 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 approved access location,
approved access width and the appropriate turning radii (60 feet)
on the site plan. The applicant must obtain an Access Permit in the
approved location prior to construction.
11) 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.
12) The applicant shall show and label the accepted drainage features.
Stormwater ponds should be labeled as "Stormwater Detention,
No-Build or Storage Area" and shall include the calculated volume.
13) The applicant shall show and label the drainage flow arrows.
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14) 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 one hundred twenty (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 one hundred
twenty (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. The approved access shall be constructed prior to on-site construction.
B. 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 19th day of February, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
�,,,/ WELD COUNTY, COLORADO
ATTEST: �/.attAdi / jeL;e,C,
Mike Freeman, Chair
Weld County Clerk to the Board
A/ - - Steve Mor no, Pro-Tern
eputy Clerk to the Board
♦ •�; � Scott . ames
.. .O O FOR
rthl r :aarbara Kirkme
ounty Attorney ;
Kevin D. Ross
Date of signature: o3/ot. /2_0
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TROY ANDERSEN
USR19-0069
1. The Site Specific Development Plan and Use by Special Review Permit, USR19-0069, is
for a Kennel (up to 120 dogs six (6) months of age or older, to include a dog daycare and
boarding) 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 number of on-site employees shall be ten up to (10).
4. The hours of customer operation are proposed to be Monday — Friday, 7:00 a.m. to 7:00
p.m.; Saturday, 7:00 a.m. to 1:00 p.m.; and Saturday and Sunday, 4:00 p.m. to 6:00 p.m.
for boarding pickup only. The boarding facility is a 24-hour operation.
5. Dogs shall be kept indoors between 7:00 p.m. and 7:00 a.m.
6. The screening/landscaping shall be maintained in accordance with the approved
Landscaping and Screening Plan.
7. The parking area shall be maintained.
8. The operator shall be in compliance with the approved Noise Abatement Plan shall be
maintained.
9. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
10. A maximum of 120 dogs are permitted onsite. Dogs over the age of six (6) months are
counted towards the maximum numbers described above, in accordance with
Section 23-1-90 of the Weld County Code.
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 acquire an approved Right-of-Way Use Permit prior to commencement.
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15. The property owner shall comply with all requirements provided in the executed
Improvements and Road Maintenance Agreement.
16. The Improvements and Road Maintenance Agreement for this site may be reviewed on
an annual basis, including a site visit and possible updates.
17. The historical flow patterns and runoff amounts on the site will be maintained.
18. Weld County is not responsible for the maintenance of on-site drainage related features.
19. 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.
20. 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.
21. 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.
22. 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 operator
shall be in compliance with the approved Dust Abatement Plan at all times.
23. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On-site Wastewater Treatment Systems. A permanent,
adequate water supply shall be provided for drinking and sanitary purposes.
24. 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.
25. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division
of Animal Industry regulations.
26. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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.
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28. A building permit may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2018 International Codes,
2006 International Energy Code, and 2017 National Electrical 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 registered State of Colorado engineer
shall be required or an open hole inspection.
29. 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.
30. 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.
31. 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.
32. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
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.
33. 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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