HomeMy WebLinkAbout20163821.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR16-0038, FOR A KENNEL (FOR RESCUE AND BOARDING OF
13 ANIMALS, BOTH DOGS AND CATS) IN THE A (AGRICULTURAL) ZONE DISTRICT
- RICHARD MARTINEZ, C/O FUREVER DOG RESCUE AND BOARDING, CIO DEBBIE
LINDER
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 28th day of
December, 2016, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Richard Martinez, c/o Furever Dog Rescue and Boarding, c/o Debbie
Linder, 7894 Woodruff Street, Ft. Lupton, CO 80621, for a Site Specific Development Plan and
Use by Special Review Permit, USR16-0038, for a Kennel (for rescue and boarding of 13 animals,
both dogs and cats) in the A (Agricultural) Zone District, on the following described real estate,
being more particularly described as follows:
Lot 2, Block 12 of Aristocrat Ranchettes, Inc; being
part of Section 27, 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:
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 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
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SPECIAL REVIEW PERMIT (USR16-0038) - RICHARD MARTINEZ, C/O FUREVER DOG
RESCUE AND BOARDING, C/O DEBBIE LINDER
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is requesting a USR for a kennel for 13 animals both cats and dogs.
Adequate parking is being proposed. The application materials
state there will be a three (3) kennels 10'x20' in size. There is a
50'x50' yard that will be divided into a couple different yards. No
new landscaping is proposed but there are existing trees on the site
and a six (6) -foot chain link fence. 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
(rescue and boarding of 13 animals, both dogs and cats) 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 on all sides of the site. The adjacent parcels are about one (1)
acre in size and each have a residence. There are twenty-three (23) USRs
within one (1) mile of the site and eleven (11) of these USRs are for
kennels. USR12-0051 is for an oil and gas support facility; USR-915 is for
a 175 -foot tall telecommunication tower; and, USR12-0033 is for a
transmission line and all are located east of the site. USR-1568 is for an
oil and gas support facility; USR-1707 is for semi -truck parking; USR-811
is for a kennel for 200 greyhounds; Amended USR-631 is for a kennel for
250 greyhounds; USR-557 is for a kennel for 85 dogs; USR-1539 is for a
kennel for 100 dogs; USR-103 is for a kennel; and, USR-1516 is for a
kennel for 200 greyhounds and all are located north of the site. USR-658
is for an auction site; USR-1168 is for an oil and gas support facility;
USR12-0008 is for a 300 -foot tall telecommunication tower; USR-1685 is
for an auto repair and service business; USR-1688 is for a concrete repair
service; USR-819 is for a public utility (water system) and all are located
west and south of the site. USR-822 is for a livestock confinement
operation and is located south of the site. USR-473, USR-1252, USR-1733
and USR-712 are all for kennels and are located southwest of the site. The
Weld County Department of Planning Services has received one (1) letter
of objection from a surrounding property owner concerning this USR. The
letter outlines concerns about noise from barking and the humane
treatment of the animals. The application materials state that the owner of
the kennel will "try to make it so as not to disturb the neighbors."
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
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SPECIAL REVIEW PERMIT (USR16-0038) - RICHARD MARTINEZ, C/O FUREVER DOG
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municipalities. The site is located within a three (3) mile referral area of the
City of Fort Lupton and is within the City of Fort Lupton's Intergovernmental
Agreement Area (IGA). The City of Fort Lupton responded with referral
agency comments dated September 29, 2016, stating 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.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 approximately 1.00 acre of soils
designated as "Other," per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The 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 Richard Martinez, c/o Furever Dog Rescue and
Boarding, c/o Debbie Linder, for a Site Specific Development Plan and Use by Special Review
Permit, USR16-0038, for a Kennel (for rescue and boarding of 13 animals, both dogs and cats)
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 USR16-0038.
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 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.
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SPECIAL REVIEW PERMIT (USR16-0038) - RICHARD MARTINEZ, CIO FUREVER DOG
RESCUE AND BOARDING, C/O DEBBIE LINDER
PAGE 4
6) The map shall delineate the lighting.
7) All signs shall be shown on the map.
8) The map shall delineate the parking area.
9) Morris Avenue is a gravel road and is designated on the Weld
County Road Classification Plan as a local road which requires
60 feet of right-of-way at full buildout. The applicant shall delineate
on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by
Weld County.
10) Woodruff Street is a gravel road and is designated on the Weld
County Road Classification Plan as a local road which requires 60
feet of right-of-way at full buildout. The applicant shall delineate on
the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by
Weld County.
11) Show and label the approved access, and the appropriate turning
radii on the site plan.
12) The applicant shall show the drainage flow arrows.
13) 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) 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.
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SPECIAL REVIEW PERMIT (USR16-0038) - RICHARD MARTINEZ, C/O FUREVER DOG
RESCUE AND BOARDING, C/O DEBBIE LINDER
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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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of December, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddrAdis) ,e,
Weld County Clerk to the Board
BY:
ty Clerk to the Board
APP9C0 ED AS
Date of signature: 01/ 94/ti
Mike Freeman, Ch
Sean ' on ay, Pro-Tem
Ju - • . Cozad
XCUSED
arbara Kirkmeyer
torneY�.
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RICHARD MARTINEZ, CIO FUREVER DOG RESCUE AND BOARDING,
CIO DEBBIE LINDER
USR16-0038
1. The Site Specific Development Plan and Use by Special Review Permit, USR16-0038, is
for a Kennel (for rescue and boarding 13 animals, both dogs and cats) 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 two (2).
4. The facility shall have a person on site any time there are more than three (3) dogs outside.
5. The applicant shall have a permanent sign with telephone contact information posted at
the entrance of the property.
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. Dogs shall be kept indoors between 7:00 p.m. and 7:00 a.m.
9. The maximum number of animals on -site (both dogs and cats) shall be thirteen (13). Dogs
over the age of six (6) months are counted towards the maximum number 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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DEVELOPMENT STANDARDS (USR16-0038) - RICHARD MARTINEZ, 0/O FUREVER DOG
RESCUE AND BOARDING, 0/O DEBBIE LINDER
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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. 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.
18. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone District, as delineated in Section 25-12-103, C.R.S.
19. Adequate drinking, handwashing and toilet facilities shall be provided for employees,
volunteers and the public, at all times.
20. In the event the applicant intends to utilize the existing septic system at the home
(G19910280) for business use, the septic system shall be reviewed by a Colorado
Registered Professional Engineer if the usage exceeds four (4) people. 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.
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 nuisance conditions do not exist.
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. 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
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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.
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 person moving into these areas must
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.
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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