HomeMy WebLinkAbout20182160.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0038, FOR A KENNEL (UP TO 30 DOGS, SIX (6) MONTHS OF AGE
OR OLDER TO INCLUDE DOGGIE DAYCARE AND BOARDING) IN THE
A (AGRICULTURAL) ZONE DISTRICT - BRIAN AND SARAH CARR
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 18th day of
July, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Brian and Sarah Carr, 12092 CR 72, Eaton, CO 80615, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0038, for a Kennel (up to 30 dogs,
six (6) months of age or older to include doggie daycare and boarding) in the A (Agricultural) Zone
District, on the following described real estate, being more particularly described as follows:
Subdivision Exemption, SUBX15-0035; being part of
the NW1/4 of Section 7, Township 6 North, Range
66 West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicants were 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 23-2-230.6.1. -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.G (A.Goal 7) states: "County land use regulations
should protect the individual property owner's right to request a land
use change." Section 22-2-20.G.2 (A.Policy 7.2) states:
"Conversion of agricultural land to nonurban 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
applicants are requesting a USR for a doggie daycare and boarding
kennel to be located within the proposed 80X40 -foot structure. The
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application materials state there will be individual kennels inside the
building. No new landscaping is proposed as the property is
enclosed by mature trees and shrubs as a visual and sound barrier.
A fenced enclosure located adjacent to the south property line will
serve as the exercise yard for the dogs. The current grounds and
drive way will support adequate parking spaces for employees and
customer vehicle parking. No outside storage will occur at the site.
Any site lighting or signs will need to comply with the Weld County
Code requirements. The subject site is in an area that can support
this development and is compatible with 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 applicant's property is
located within the Severance Growth Management Area and is
located approximately 0.5 miles east of Suburban Residential
designation in an area identified as rural residential on the Town's
Future Land Use Map dated July 2017. The Town of Severance, in
the undated Notice of Inquiry comments, required per the
Coordinated Planning Agreement, between the Town and Weld
County, stated: "If the applicant is interested, the Town would
encourage annexation as the property is within the Town's Growth
Management Area (GMA). The Town requests the opportunity to
comment on the Site Layout Plan specific to parking, landscape
treatment and building footprints." The proposed use is in an area
that can support this development and the existing screening,
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.
B. Section 23-2-230.6.2. -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.H allows for a Site
Specific Development Plan and Use by Special Review Permit for a Kennel
(up to 30 dogs, six (6) months of age or older to include doggie daycare
and boarding) in the A (Agricultural) Zone District.
C. Section 23-2-230.6.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of rural
residences and large tracts of land in production agriculture, including
many with center pivots. There are rural residences located immediately
northwest, northeast and west of the site. The adjacent parcels were
created through the Recorded Exemption application process. There are
several USRs within one mile of the site; immediately to the east is
SUP -102 and SUP -320 for cattle feedlot operations and USR-1183 for a
high pressure natural gas pipeline. The Weld County Department of
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Planning Services has not received any letters of objection from
surrounding property owners concerning this USR. Planning staff did
receive a telephone call seeking information of compatibility of this facility
with the encroaching residential development planned for the Town [of
Severance].
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
City of Greeley, Town of Windsor and Town of Severance. The City of
Greeley, in the referral response, dated April 18, 2018, stated that the
application was reviewed and the City found no conflicts. The Town of
Windsor, had no comments in the referral response, dated April 17, 2018.
The Town of Severance, in the referral response, dated May 3, 2018, had
no concerns.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The site is not in a floodplain.
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 23-2-230.6.6 -- The applicants have demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The proposed facility is located on approximately 3.36 acres
of soils designated as "Irrigated Land Not Prime," per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The
entire property has improvements on -site consisting of one residence,
landscaped grounds, and support structures, therefore, the proposed USR
will not take any "Prime (Irrigated)" farmland out of production.
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 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 Brian and Sarah Carr, for a Site Specific Development
Plan and Use by Special Review Permit, USR18-0038, for a Kennel (up to 30 dogs, six (6) months
of age or older to include doggie 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:
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A. The applicant shall submit a recorded copy of any agreement signed by all
of the owners of the property crossed by the access. The access shall be
for ingress, egress, utilities and shall be referenced on the USR map by the
Weld County Clerk and Recorder's Reception number.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0038.
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 show on the map the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) The map shall show the existing landscaping.
6) The map shall show the existing lighting.
7) All signs shall be shown on the map.
8) The map shall delineate the parking area, including one ADA
compliant van accessible space.
9) County Road 25 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 the existing right-of-way on the site plan. All setbacks
shall be measured from the edge of the right-of-way. This road is
maintained by Weld County.
10) County Road 72 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 the existing right-of-way on the site plan. All setbacks
shall be measured from the edge of the right-of-way. This road is
maintained by Weld County.
11) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii (60') on the
site plan. The applicant must obtain an Access Permit in the
approved location(s) prior to construction.
12) The applicant shall show and label the approved tracking control on
the site plan.
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13) 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.
14) The applicant shall show and label a 30 -foot minimum access and
utility easement to provide legal access to the parcel on the site
plan.
15) The applicant shall show the drainage flow arrows.
16) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to
on -site construction. This site requires 50 feet of road base or recycled
asphalt for tracking control.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
3. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) paper copy or 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.
4. 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.
5. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable format is a projected ESRI
shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983
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UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS
0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us.
6. The Use by Special Review 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of July, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD.COUNTY, COLORADO
ATTEST: ddriC24)•o•oc.
Weld County Clerk to the Board
BY:
Deputy Clerk to the Bo
Steve Moreno, Chair
arbara Kirkmeyer
ro-Tem
Sean P. Conway
APP AS EXCUSED
unty A orney
Date of signature: lig-a3I'
Julie A. Cozad
� ee
Mike Freeman
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BRIAN AND SARAH CARR
USR18-0038
1. The Site Specific Development Plan and Special Review Permit, USR18-0038, is for a
Kennel (up to 30 dogs, six (6) months of age or older to include doggie 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 four (4).
4. The hours of operation for the doggie day care component are 7:00 a.m. to 7:00 p.m.,
Monday through Sunday.
5. The hours of operation for the boarding kennel are 24 hours a day, seven (7) days a week.
6. The parking area on the site shall be maintained.
7. 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.
8. The existing landscaping on the site shall be maintained.
9. Dogs shall be kept indoors between 7:00 p.m. and 7:00 a.m.
10. Maximum of 30 dogs permitted on -site. 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. 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.
12. 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.
13. 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.
14. 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.
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15. Adequate drinking, handwashing and toilet facilities shall be provided for employees,
volunteers and the public, at all times. For employees, public, or volunteers, on -site for
less than two (2) consecutive hours a day, and two (2) or less full-time employees on -site,
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 and shall contain hand sanitizers.
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. A permanent,
adequate water supply shall be provided for drinking and sanitary purposes.
17. 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.
18. The applicants shall comply with the Colorado Department of Agriculture (CDA), Division
of Animal Industry Regulations.
19. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
20. 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.
21. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
22. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
23. 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.
24. The historical flow patterns and runoff amounts on the site will be maintained.
25. Sources of light shall be shielded so that beams or rays of light will not shine directly onto
adjacent properties. Sources of light should not cause a nuisance or interfere with the use
on the adjacent properties in accordance with the map. 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.
26. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 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
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Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be
required or an Open Hole Inspection.
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. 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 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.
32. 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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