HomeMy WebLinkAbout20143180.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0040, FOR A KENNEL, AS DEFINED IN SECTION 23-1-90 OF THE
WELD COUNTY CODE AS A HOUSEHOLD PET, LOCATED IN THE SCUPIN-NASH
PUD WITH E (ESTATE) ZONE DISTRICT USES - JONATHAN SCUPIN AND ANN
NASH
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 October, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Jonathan Scupin and Ann Nash, 13941 Elmore Road, Longmont, CO
80504, for a Site Specific Development Plan and Use by Special Review Permit, USR14-0040,
for a Kennel, as defined in Section 23-1-90 of the Weld County Code as a household pet,
located in the Scupin-Nash PUD with E (Estate) Zone District uses, on the following described
real estate, being more particularly described as follows:
Lot 2, Block 2, Seemore Heights 1st Addition; being
part of Section 30, Township 3 North, Range 68
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.A — (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 kennel
facility is proposed to be located is approximately four (4) acres in
size. The kennel is a service industry for the boarding and care of
reptiles and amphibians. The facility operates 24 hours per day,
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SPECIAL REVIEW PERMIT (USR14-0040) -JONATHAN SCUPIN AND ANN NASH
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7 days per week. However, it is open to the public on an
appointment only basis. All reptiles and amphibians will be kept
inside in a climate controlled building between 7:00 p.m. and
7:00 a.m.
2) 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
water service from the Longs Peak Water District and the
permitted septic (Permit No. G19732314) Individual Sewage
Disposal System (I.S.D.S.) will handle the effluent flows. The
application materials state that the Colorado Reptile Humane
Society Rescue kennel presently has 139 animals housed on the
property, including approximately 30 species of amphibians and
reptiles. The number of animals on-site hovers around this
number, but fluctuates as new animals are received, adoptive
placements are made for rehabilitated animals, and Colorado
wildlife is released. There is also a Development Standard that the
animals are kept indoors between 7:00 p.m. and 7:00 a.m. and the
facility shall be restricted to noise levels allowed in the Residential
Zone District.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. The proposed kennel is located in the
Scupin-Nash PUD with E (Estate) Zone District Uses as defined by
Section 23-3-430.E of the Weld County Code which allows for a Site
Specific Development Plan and Use by Special Review Permit for a
Kennel (amphibians and reptiles) in the E (Estate) 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 site is
surrounded by single family residences in each direction within Seemore
Heights Subdivision. There is a dental office permitted under
USR12-0011 across Elmore Road and east of this facility. Nesting Crane
PUD is located to the east and adjacent to the Seemore Heights
development. To the southwest and adjacent to County Road (CR) 1,
approximately 0.5 miles south of State Highway 66 is USR-1681, which is
an antique business (Greenman), and to the southeast is the 1,800-head
of dairy cows owned by the Docheff Dairy and permitted under
USR-1257. The Weld County Department of Planning Services has
received no telephone calls, electronic mail or letters concerning this
proposal
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
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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 facility is within the three (3) mile referral area for the
City of Longmont, Towns of Mead, Frederick and Firestone and Boulder
County. The City of Longmont and Town of Frederick responded without
concerns, the Towns of Mead and Firestone and Boulder County did not
respond to the referral request. The site is located approximately 500 feet
southwest of the Town of Mead's corporate limits and outside the Urban
Growth Boundary (as defined by the County); approximately 2,200 feet
to the north of the City of Longmont; approximately 0.5 miles to Boulder
County and approximately three (3) miles to the Town of Frederick. The
adjacent properties are a mix of agricultural uses and rural residences.
The nearest residences are located approximately 28 feet south of the
southern property line, 81 feet north of the north property line and 60 feet
east of the property line. Twenty-four (24) 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, telephone calls or email concerning this application. The
applicant has an opaque fence adjacent to the property line and road
right-of-way. The grounds are landscaped with numerous xeric
perennials, eight deciduous trees, and one pine tree. Native grasses have
been cultivated on the property and noxious weeds removed. No
additional planting or other amenities are proposed. The Department of
Planning Services is requesting that the animals be kept indoors at night.
The noise levels on the site are required to meet the standards of the
Weld County Department of Public Health and Environment. These
requirements, along with the other Development Standards and the
Conditions of Approval, will assist in mitigating the impacts of the facility
on the adjacent properties and ensure compatibility with surrounding land
uses.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Article V, of the Weld County Code. The existing site is not located within
the Floodplain, the Geologic Hazard or Airport Overlay Districts. 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 Prime (Irrigated), per
the 1979 Soil Conservation Service Important Farmlands of Weld County
Map. The proposed USR will not take any Prime (Irrigated) farmland out
of production as the site has improvements on the four (4) acre
subdivision parcel.
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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. This
recommendation is based, in part, upon a review of the application
materials submitted by the applicant, other relevant information regarding
the request, and responses from referral entities.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Jonathan Scupin and Ann Nash, for a Site
Specific Development Plan and Use by Special Review Permit, USR14-0040, for a kennel, as
defined in Section 23-1-90 of the Weld County Code as a household pet, located in the
Scupin-Nash PUD with E (Estate) Zone District uses, on the parcel of land described above be,
and hereby is, granted subject to the following conditions:
1. Prior to recording the plat:
A. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department
of Public Health and Environment (WCDPH). The plan shall include at a
minimum, the following:
1) A list of wastes which are expected to be generated on-site. This
should include expected volumes and types of waste generated.
n volume of chemicals expected to be stored
2) A list of the type and YP P
on the site.
3) The waste handler and facility where the waste will be disposed of
including the facility name, address, and phone number.
B. The applicant shall provide a copy of the current license from the Pet
Animal Care Facilities Act (PACFA) to the WCDPHE.
C. Any lighting poles and lamps shall comply with Section 23-3-360.F which
states, in part, that: "any lighting shall be designed, located, and operated
in such a manner as to meet the following standards: sources of light
shall be shielded so that beams or rays of light will not shine directly onto
adjacent properties."
D. In accordance with Chapter 23, Article IV, Division 2 of the Weld County
Code, any signage shall comply with Appendix 23-C and Appendix 23-D.
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E. Weld County Building Department records do not indicate that a Building
Permit was pulled for the existing shop, the Assessors records show the
structure was built in 2004. A Change of Use Building Permit will be
required for the existing shop; an agreement concerning Existing As-Built
Construction can be used to show compliance with structural, electrical
and mechanical requirements.
F. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR14-0040.
2. The attached Development Standards.
3. The plat shall be prepared in accordance with 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. Areas used for storage or trash collection
shall be screened from adjacent properties and public
rights-of-way. These areas shall be designed and used in a
manner that will prevent trash from being scattered by wind or
animals.
5. Any signage shall comply with the Weld County Code.
6. County Road (CR) 1.5 is designated on the Weld County Road
Classification Plan as a local paved road (Elmore Road), which
requires 60 feet of right-of-way at full buildout. The applicant shall
verify and delineate on the map the existing right-of-way and the
documents creating the right-of-way. All setbacks shall be
measured from the edge of future right-of-way. This road is
maintained by Weld County.
7. The applicant shall show the approved access(es) on the plat and
label with the approved Access Permit Number.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or three (3) paper copies, of the plat to the Weld
County Department of Planning Services for preliminary approval. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the
Weld County Code. Upon approval of the plat, the applicant shall submit a Mylar
plat, along with all other documentation required as Conditions of Approval. The
Mylar plat and additional requirements shall be submitted within one hundred
twenty (120) days from the date of the Board of County Commissioners
Resolution. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. 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.
B. 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
2011 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.
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 plat
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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SPECIAL REVIEW PERMIT (USR14-0040) -JONATHAN SCUPIN AND ANN NASH
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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 October, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
ELD CQUQ.101 ,=£sLORADO�j�
ATTEST:C �/ Cd r l a c 4�l �PGrx9`"��-r
.�uW/ Dougl s Rademacher, C =it
Weld County Clerk to the or , E La
a•"1o, _ =rbara Kirkmeyer, P o-Tem
De Clerk to th= Bo" • ' ��
�
�� Sean P. Conway
AP VED FORM: n
MiICe Free n
ounty Attorney
William . Garcia
Date of signature: 1%0
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JONATHAN SCUPIN AND ANN NASH
USR14-0040
1. The Site Specific Development Plan and Use by Special Review Permit, USR14-0040, is
for a kennel, as defined in Section 23-1-90 of the Weld County Code as a household pet,
located in the Scupin-Nash PUD with E (Estate) Zone District Uses, 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 commensurate with the number of persons
which the septic system may accommodate in accordance with the requirements of the
Weld County Code, pertaining to On-site Wastewater Treatment Systems (OWTS)
Regulations.
4. The facility will operate 24 hours per day, 7 days per week. However, it is open to the
public on an appointment only basis, as stated in the application.
5. 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. Such
wastes shall be removed weekly from the facility and disposed of by a commercial
hauler.
6. 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.
7. 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.
8. 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 the approved Waste Handling
Plan, at all times.
9. This facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone District, as delineated in Section 14-9-30 of the Weld County Code.
10. Adequate drinking, handwashing and toilet facilities shall be provided for public,
employees and volunteers of the facility, at all times.
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11. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes, at all times, by the Longs Peak Water District.
12. Sewage disposal for the facility shall be by septic system. Any septic system located on
the property must comply with all provisions of the Weld County Code, pertaining to
Individual Sewage Disposal Systems (I.S.D.S.).
13. In the event the existing septic system is utilized for business use, the septic system
shall be reviewed by a Colorado registered professional engineer if the usage surpasses
Septic Permit G19732314 sizing limitations. 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 (WCDPHE).
In the event the system is found to be inadequately sized or constructed, the system
shall be brought into compliance with current regulations.
14. The operation shall comply with all applicable rules and regulations of the state and
federal agencies and the Weld County Code.
15. 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.
16. The screening/landscaping/signage/lighting on the site shall be maintained.
17. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
18. The historical flow patterns and runoff amounts will be maintained on the site.
19. Weld County is not responsible for the maintenance of on-site drainage related features.
20. There shall be no parking or staging of vehicles on County roads. On-site parking shall
be utilized.
21. 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 2011 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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22. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
23. 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.
24. 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 at the Department of Weld County
Planning Services.
25. 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.
26. 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 plat and recognized at all times.
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