HomeMy WebLinkAbout20170387.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR16-0043, FOR A KENNEL (UP TO 45 DOGS, SIX MONTHS OF AGE OR
OLDER TO INCLUDE DOGGIE DAYCARE, BOARDING, TRAINING AND GROOMING)
IN THE A (AGRICULTURAL) ZONE DISTRICT - WILLIAM AND RACKEL WARD
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 22nd day
of February, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of William and Rackel Ward, 35640 CR 43, Eaton, CO 80615, for a Site
Specific Development Plan and Use by Special Review Permit, USR16-0043, for a Kennel (up to
45 dogs, six months of age or older to include doggie daycare, boarding, training and grooming)
in the A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Part of the NW1/4 of Section 3, Township 6 North,
Range 65 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 23-2-230.6 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 (A.Goal 7) states: "County land use regulations
should protect the individual property owner's right to request a land
use change." And 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 applicant
is requesting a USR for a boarding kennel, training and grooming
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SPECIAL REVIEW PERMIT (USR16-0043) — WILLIAM AND RACKEL WARD
PAGE 2
facility to be located within the existing structure, as no new
construction is proposed. The application materials state there will
be individual kennels located inside the main kennel room that may
accommodate up to 30 dogs for overnight stays and will use
approximately 600 square feet of a separate room connected to the
outside fenced in (60 x 40 square feet) grassy dog play area, all
contained within the existing black picket fenced yard. No new
landscaping will be used as the property is enclosed by mature
trees and shrubs as a visual and sound barrier. The current grounds
and drive way will support at least six (6) 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.
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
(up to 45 dogs, six (6) months of age or older to include doggie daycare,
boarding, training and grooming) 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 rural
residences and large tracts of land in production agriculture. 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 two (2) USRs within one mile of the site;
immediately adjacent to the south is USR-1468 for a second single-family
residence and to the southeast is USR-814 for an airstrip for Crop Air and
their crop dusting operation. 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.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
Town of Eaton. The Town responded with referral agency comments, dated
December 1, 2016, stating no concerns.
E. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The site is 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.
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SPECIAL REVIEW PERMIT (USR16-0043) - WILLIAM AND RACKEL WARD
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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 4.17 acres of soils
designated as "Prime (Irrigated)," per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. As the entire property has
improvements on the site consisting of the Ward residence and landscaped
grounds, corrals and paddock and support structures, 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 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 William and Rackal Ward, for a Site Specific
Development Plan and Use by Special Review Permit, USR16-0043, for a Kennel (up to 45 dogs,
six months of age or older to include doggie daycare, boarding, training and grooming) 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 USR16-0043.
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.
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, if applicable.
7) All signs shall be shown, if applicable.
8) The map shall delineate the parking area and the five (5) parking
spaces including one ADA compliant van accessible space.
9) County Road 43 is a paved road and is designated on the Weld
County Road Classification Plan as a collector road which requires
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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 Permit number, AP16-00594,
and the appropriate turning radii.
11) Show and label the entrance gate set back a minimum of 100 feet
from edge of shoulder.
12) The applicant shall show the drainage flow arrows.
13) Show the floodplain and floodway (if applicable) boundaries on the
map. Label the floodplain boundaries with the FEMA Flood Zone
and FEMA Map Panel Number or appropriate study.
2. 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.
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 added for each additional three (3)
month period.
4. 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.
5. 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 22nd day of February, A.D., 2017.
ATTEST: daticvt)..dio;eA
Weld County Clerk to the Board
BY cu -
-RANA,14
ty Clerk to the Board
APP�D AS
County Attorney
Date of signature: O:v0a/1
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORA
Julie Cozad, Chair
Steve Moreno, Pro -Tern
Sean P. Conway
Barbara Kirkmeyer
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WILLIAM AND RACKEL WARD
USR16-0043
1. The Site Specific Development Plan and Use by Special Review Permit, USR16-0043, is
for a Kennel (up to 45 dogs, six (6) months of age or older to include doggie daycare,
boarding, training and grooming) 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 residents and employees shall be eight (8).
4. The hours of operation are 24 hours a day, seven (7) days a week.
5. The parking area on the site shall be maintained.
6. 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.
7. The existing landscaping on the site shall be maintained.
8. The dogs shall be kept indoors between 10:00 p.m. and 7:00 a.m., with the exception of
occasional 15 -minute breaks, as needed.
9. A maximum of 45 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.
10. 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.
11. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
12. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
13. The historical flow patterns and runoff amounts on the site will be maintained.
14. 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.
15. 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.
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16. 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.
17. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 25-12-103, C.R.S.
18. 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.
19. 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.
20. 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.
21. 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.
22. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division
of Animal Industry, regulations.
23. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
24. 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.
25. 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 2014 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 Colorado registered engineer, shall be
required or an Open Hole Inspection.
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26. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23, of the Weld County Code.
27. All improvements and any new construction require a Flood Hazard Development Permit.
28. A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Map #08123C -1250E effective date
January 20, 2016 (Lone Tree Creek Floodplain). Any development shall comply with all
applicable Weld County requirements, Colorado Water Conservation Board requirements
as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA
regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA
definition of development is any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations, or storage of equipment and materials.
29. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of
any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
30. 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.
31. 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.
32. 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.
33. 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 person moving into these areas must
recognize the various impacts associated with this development. Often times, mineral
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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.
34. 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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