HomeMy WebLinkAbout20180216.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0058, FOR A KENNEL (BREEDING, BOARDING AND TRAINING OF
UP TO 100 DOGS) AND ONE (1) SINGLE FAMILY DWELLING UNIT PER LOT OTHER
THAN THOSE PERMITTED UNDER SECTION 23-3-20.A (SECOND SINGLE-FAMILY
DWELLING UNIT) IN THE A (AGRICULTURAL) ZONE DISTRICT -VICTORIA BELLAH
AND LEIF JOHNSEN
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
January, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Victoria Bellah and Leif Johnsen, 19567 CR 53, Kersey, CO 80644, for a Site
Specific Development Plan and Use by Special Review Permit, USR17-0058, for a Kennel
(breeding, boarding and training of up to 100 dogs) and one (1) single-family dwelling unit per lot
other than those permitted under Section 23-3-20.A (second single-family dwelling unit) in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot B of Recorded Exemption, RECX17-0018; being
part of the NE1/4 of Section 29, Township 4 North,
Range 64 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 23-2-230.6 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."
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SPECIAL REVIEW PERMIT (USR17-0058) - VICTORIA BELLAH AND LEIF JOHNSEN
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2) 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 applicant is requesting a USR for
a boarding kennel, training and grooming facility to be located within
the existing re -permitted 76 -foot by 40 -foot structure. New
construction will include a 60 -foot by 12 -foot portable office and a
100 -foot by 40 -foot equipment storage and training building.
A second building 11 -foot by 40 -foot will be constructed within
months of the USR application approval. The application materials
state there will be individual kennels inside one of the buildings. No
new landscaping is proposed, as the property is enclosed by mature
trees and shrubs as a visual and sound barrier. A fenced enclosure
adjacent to County Road (CR) 53 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.
3) Section 22-2-20.F (A.Policy 6.3.a) states, "Develop land use
regulations that allow for auxiliary housing, without an attachment
or square footage requirement, on agricultural lands that are
suitable for those uses. This would include those units that are now
considered nonconforming. Regulations could address
compatibility and impacts associated with such housing." There are
two (2) residences located on the property, one for the property
owner and the second residence currently considered a
non -conforming structure being utilized for a rental income. This
land use application, if approved, will bring the residential use on
the property into compliance. The proposed use is in an area that
can support this development and the existing screening, 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.
B. Section 23-2-230.B.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
(breeding, boarding and training of up to 100 dogs), and Section 23-3-40.M
allows for one (1) Single -Family Dwelling Unit per lot other than those
permitted under Section 23-3-20.A (second single family dwelling unit) in
the A (Agricultural) Zone District.
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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 agriculture production. There are rural
residences located immediately south of the site. The adjacent parcels
were created through the Recorded Exemption application process and
each have a residence. There are several USRs within one (1) mile of the
site. Immediately to the east is SUP -126 and SUP -197 for Hog Farms,
SUP -153 is for a 150 -head Dairy and USR12-0052 is for a pipeline. To the
south is USR12-0006 for a pipeline and USR11-0031 is for an Oil and Gas
Support and Service Facility. To the west is USR-854 for (8)
Communication Towers and SUP -124 is for a Hog Farm. The Weld County
Department of Planning Services has not received any letters of objection
from surrounding property owners concerning this USR.
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 not located within a three (3) mile referral area
of any municipality.
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 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 approximately 11.5 acres of soils
designated as "Irrigated Land Not Prime," per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. As the entire property
has improvements on the site consisting of two residences, landscaped
grounds, and support structures, the proposed 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.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Victoria Bellah and Leif Johnsen, for a Site Specific
Development Plan and Use by Special Review Permit, USR17-0058, for a Kennel (breeding,
boarding and training of up to 100 dogs) and one (1) Single -Family Dwelling Unit per lot other
than those permitted under Section 23-3-20.A (second single-family dwelling unit) 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 map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0058.
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 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 delineate the existing landscaping.
6) The map shall delineate the 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 53 is a paved road and is designated on the Weld
County Road Classification Plan as a collector road which requires
80 feet of right-of-way at full buildout. The applicant shall delineate
on the site plan the future and existing right-of-way. All setbacks
shall be measured from the edge of future right-of-way. This road
is maintained by Weld County.
10) Show and label the approved access locations, 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.
11) 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
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from the gate to the edge of the traveled surface be less than
35 feet.
12) The applicant shall show the drainage flow arrows.
13) Show and label the proposed parking.
2. Prior to Construction:
A. 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
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.
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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 January, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELT COUNTY, COLORADO
ATTEST:
d‘icavt) XiAo;ei
Weld County Clerk to the Board
BY:
Deputy Clerk to the
APOV- . AS
ounty At�orney
Date of signature: Oa -a-a
9�r
Steve Moreno, Chair
arbara Kirkmeyer1
Sean P. Conway
Julie A. Cozad
Mike Freeman
Pro-Tem /
ci
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
VICTORIA BELLAH AND LEIF JOHNSEN
USR17-0058
1. The Site Specific Development Plan and Use by Special Review Permit, USR17-0058, is
for a Kennel (breeding, boarding and training of up to 100 dogs) and one (1) single-family
dwelling unit per lot other than those permitted under Section 23-3-20.A (second single-
family dwelling unit) 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 limited to six (6), and does not include
volunteers.
4. The hours of operation for the training component are 12:00 p.m. to 8:00 p.m., Monday
through Sunday, and by appointment.
5. The hours of operation for the boarding kennel are 24 hours/day, seven (7) days/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. A maximum of 100 dogs is 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. 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 on 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. 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, Section 30-20-100.5, C.R.S.) 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, Section 30-20-100.5, C.R.S.
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.
18. The facility shall adhere to the maximum permissible noise levels allowed in the Light
Industrial Zone District, as delineated in Section 25-12-103, C.R.S.
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.
20. 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.
21. 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.
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. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division
of Animal Industry, regulations.
24. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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. 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: 2012 International Codes,
2006 International Energy Code, and 2014 National Electrical Code. A building permit
application must be completed and two complete sets of engineered plans bearing the wet
stamp of a Colorado registered architect or engineer must be submitted for review.
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A Geotechnical Engineering Report performed by a State of 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 (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.
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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