HomeMy WebLinkAbout20162385.tiffRESOLUTION
RE: APPROVE AMENDMENT TO A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY
SPECIAL REVIEW, USR16-0014, (FORMERLY KNOWN AS USR-1536) FOR A
KENNEL (100 DOGS - DACHSHUNDS) AND ANY USE PERMITTED AS A USE BY
RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS, PROVIDED THAT THE PROPERTY IS NOT A LOT IN
AN APPROVED OR RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN
FLED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS (WASHING OF COMMERCIAL VEHICLES, PARKING, STAGING AND
DISPATCHING OF TRUCKS, TRAILERS AND COMMERCIAL VEHICLES AND
PARKING AND STORAGE OF RVS) IN THE A (AGRICULTURAL) ZONE DISTRICT -
DONALD AND CHERYL HACKETT
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 10th day of
August, 2016, at the hour of 10:00 a.m., in the Chambers of the Board. for the purpose of hearing
the application of Donald and Cheryl Hackett, 15267 CR 18, Fort Lupton, CO 80621, for an
Amendment to a Site Specific Development Plan and Use by Special Review, USR16-0014,
(formerly known as USR-1536) for a Kennel (100 dogs - Dachshunds) and any Use permitted as
a Use by Right. Accessory Use. or Use by Special Review in the Commercial or Industrial Zone
Districts. provided that the property is not a lot in an approved or recorded subdivision plat or part
of a map or plan fled prior to adoption of any regulations controlling subdivisions (washing of
commercial vehicles, parking. staging and dispatching of trucks. trailers and commercial vehicles
and parking and storage of RVs) in the A (Agricultural) Zone District, on the following described
real estate. being more particularly described as follows:
Lot A of Recorded Exemption, RE -1871: being part
of the W1/2 SW1/4 of Section 22. Township 2 North,
Range 66 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:
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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 (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 parcel on which the small breeders kennel facility
is located is approximately five (5) acres in area. Per the
application, the dogs that create a nuisance condition with their
barking are debarked and the dogs will be kept inside in a climate
controlled building between 8:00 p.m. and 9:00 a.m. daily.
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.
3) Section 22-2-20.G.7 (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 property has an approved Division
of Water Resources Permit for ordinary household purposes inside
one single-family dwelling, lawn and garden irrigation, and a
commercial dog kennel with an annual withdrawal not to exceed
1.16 acre feet. The proposed truck washing component does not
utilize this water source. Instead, the water is trucked to the property
from a City of Fort Lupton water source. The application materials
state that the breeding kennel is for up to 100 dogs at any one time.
The noise levels on the site are required to meet the standards of
the Weld County Department of Environmental Health. There is
also a Development Standard that the dogs are kept indoors
between 8:00 p.m. and 9:00 a.m. daily. The washing and parking of
commercial vehicles, trucks and trailers along with outside
equipment/vehicle storage and staging facility is presently in
operation on -site and is located in an area that allows good access
to the oil field and construction areas.
4) Section 22-2-100.E (C.Goal 5) states: "Minimize the
incompatibilities that occur between commercial uses and
surrounding properties." The proposed facility is located to the
north end of the property behind the Hackett residence and is well
screened due to topography from adjacent properties. Access is
from County Road (CR) 18, a two lane paved road.
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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.S of the Weld County Code lists any Use permitted
as a Use by Right. Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (washing of commercial
vehicles, parking. staging and dispatching of trucks. trailers and
commercial vehicles and parking and storage of RVs) provided that
the property is not a lot in an approved or recorded subdivision plat
or part of a map or plan filed prior to adoption of any regulations
controlling subdivisions; and, Section 23-3-40.H lists Kennels as a
Use by Special Review 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 properties are a mix
of agricultural uses and rural residences. The nearest residence is located
approximately 100 feet west of the western property line. The surrounding
USRs include: USR-557 adjacent to the west, for an 85 dog kennel; and,
USR13-0039 is immediately adjacent to the north, for a trucking business.
Fourteen (14) surrounding property owners received notice of this USR due
to their property being within 500 feet of the site and the Weld County
Department of Planning Services received no letters or telephone calls
indicating opposition to the application. The Department of Planning
Services is requesting a screening plan and a lighting plan for the vehicle
parking area. The dogs will be kept indoors between the hours of 8:00 p.m.
and 9:00 a m. The noise levels on the site are required to meet the
standards of the Weld County Department of Environmental Health. These
requirements, along with 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.
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 is located within the existing Coordinated Planning
Agreement area (CPA) for the City. The City. in the referral comments
dated June 7, 2016, stated "Because the property is located within the
City's Comprehensive Plan area, the Planning Department met with the
applicants to discuss the potential for annexation. The applicants indicated
their desire to continue their application with the Weld County Planning
Department. The applicants have met their obligation to confer with the
City.'
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.
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Building Permits issued on the lot will be required to adhere to the fee
structure of the County -Wide Road Impact Fee Program, the 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 existing breeding kennel and proposed truck washing and parking
area for commercial vehicles and RVs is located on a 4.98 -acre parcel
designated "other lands." per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. Therefore. no prime agricultural lands are
being taken 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 Donald and Cheryl Hackett. for an Amendment to a Site
Specific Development Plan and Use by Special Review, USR16-0014, (formerly known as
USR-1536) for a Kennel (100 dogs - Dachshunds) and any Use permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts. provided
that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan
fled prior to adoption of any regulations controlling subdivisions (washing of commercial vehicles,
parking, staging and dispatching of trucks, trailers and commercial vehicles and parking and
storage of RVs) 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 USR16-0014.
2) The attached Development Standards.
3) The map shall be prepared in accordance with 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 and proposed lighting.
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6) All signs shall be shown on the map and 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 map shall delineate four (4) parking spaces for vendors,
customers and/or employees. One parking space must meet the
Americans with Disability Act.
8) CR 18 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.
9) Show and label the approved Access Permit (AP16-00244). and the
appropriate turning radii.
10) Show and label the approved tracking control on the site plan.
11) Show and label the entrance gate set back as a minimum of
100 feet from edge of shoulder.
12) The applicant shall show and label the accepted drainage features
and drainage flow arrows. Water quality features or stormwater
ponds should be labeled as "Water Quality Feature/Stormwater
Detention, No -Build or Storage Area" and shall include the
calculated volume.
13) Show and label the parking and traffic circulation flow arrows
showing how the traffic moves around the property.
14) Show and label all recorded easements on the map by book and
page number or reception number and date on the site plan.
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.
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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 CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS
Personal GeoDataBase (MDB). The preferred format for Images is .tif (Group 4).
(Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed. a Weld County Grading Permit
will be required prior to the start of construction.
B The approved access and tracking control shall be constructed prior to
on -site construction.
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 10th day of August, A.D.. 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d�,/tA) ;tee
Weld County Clerk to the Board
BY
ty Clerk to the Board
APPROV
'County Attorney
RM:
Date of signature: 81 QU / 1
ri
Mike Freeman, Chair
t
Sean P. Conway, Pro-Tem
Julie
Cozad
eve Moreno
69" et/
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DONALD AND CHERYL HACKETT
USR16-0016
1 The Site Specific Development Plan and Amended Use by Special Use Permit,
USR16-0014 (formerly USR-1536) is for a Kennel (100 dogs - Dachshunds) and any Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial
or Industrial Zone Districts, provided that the property is not a lot in an approved or
recorded subdivision plat or pad of a map or plan filed prior to adoption of any regulations
controlling subdivisions (washing of commercial vehicles. parking, staging and dispatching
of trucks. trailers and commercial vehicles and parking and storage of RVs) 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 hours of operation for truck washing are 5:00 a.m. — 9:00 p.m., Monday — Sunday.
4. The number of on -site employees shall be two (2).
5. The truck, commercial vehicle and RV 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/screening on the site shall be maintained.
8 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.
9 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.
10. 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.
11. 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.
12. 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.
13. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
the public, at all times. For ten (10) or less customers or visitors per day, and two (2) or
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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.
14. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Wastewater Treatment Systems.
15. Applicant shall have an adequate water source supply for truck washing.
16. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
Well Permit 63373-F shall be utilized for domestic and kennel use only, as stated on the
permit. The Well cannot be utilized in other aspects of this request unless additional uses
are approved by the Division of Water Resources.
17. In the event the applicant intends to utilize the existing septic system at the home
(SE -0400122) for business use, the septic system shall be reviewed by a Colorado
Registered Professional Engineer. The review shall consist of observation of the system
and a technical review describing the system's ability to handle the proposed hydraulic
load. The review shall be submitted to the Environmental Health Services Division of the
Weld County Department of Public Health and Environment. In the event the system is
found to be inadequately sized or constructed the system shall be brought into compliance
with current Regulations.
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. Any vehicle or equipment washing shall adhere to "Low Risk Discharge Guidance:
Discharges From Surface Cosmetic Power Washing Operations To Land July 2010" as
provided by the State.
21. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
22. 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.
23. 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.
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24. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
25. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
26. The historical flow patterns and runoff amounts on the site will be maintained.
27. Weld County is not responsible for the maintenance of on -site drainage related features.
28 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.
29. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
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
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recognize the various impacts associated with this development. Often times. 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.
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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