HomeMy WebLinkAbout20110090.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1756 FOR A KENNEL (UP TO 25 DOGS AND ONE (1) CAT) IN THE
A (AGRICULTURAL) ZONE DISTRICT-JAMES AND LORI MEINING
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 29th day
of December, 2010, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of James and Lori Meining, 16662 County Road 29, Platteville, Colorado
80651, for a Site Specific Development Plan and Use by Special Review Permit#1756 for a
Kennel (up to 25 dogs and one (1) cat) in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot A of Recorded Exemption #2048; located in
part of the NW1/4 of Section 9, Township 3 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing on December 29, 2010, at the request of the applicants, the
Board deemed it advisable to continue the matter to January 12, 2011, to allow the matter to be
reviewed by a full quorum of the Board, and
WHEREAS, at said hearing on January 12, 2011, 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 applicants 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.
Section 22-2-20.G.2 (A.Policy 7.2) of the Weld County Code 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 proposed Kennel facility is located on a
QQ, , P L, \ L- L , PL), 41O1. 2011-0090
I - 2 tY -I I PL2091
SPECIAL REVIEW PERMIT#1756-JAMES AND LORI MEINING
PAGE 2
parcel which is 5.4 acres in size, and the existing buildings and structures
will be utilized for the Kennel facility. No additional agricultural land will
be taken out of production. Section 22-2-20.1 (A.Goal 9) states, "Reduce
potential conflicts between varying land uses in the conversion of
traditional agricultural lands to other land uses." The Conditions of
Approval and Development Standards will address potential conflicts with
surrounding land uses. The applicants are required to keep dogs indoors
during evening hours.
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 of the Weld County
Code provides for Kennels (up to 25 dogs and one (1) cat) 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 site is located in
an agricultural area, with the nearest single-family residences located
approximately 600 feet to the south, and approximately 850 feet east of
the proposed kennel facility. Dogs are required to be kept indoors
overnight. The Conditions of Approval and Development Standards will
ensure that this use is compatible with adjacent uses. Previously, the
property was in violation (ZCV-10-00037) for the operation of a Kennel
without an approved and recorded Use by Special Review permit;
however, upon recording of the plat, the violation will now be closed.
d. Section 23-2-230.6.4 -- The uses which will be permitted will be
compatible with the 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 the three-mile
referral areas for the Towns of Gilcrest and Platteville. The site is not
located within the Cooperative Planning Agreement boundaries for either
municipality, and no referral response was received from either
municipality.
e. Section 23-2-230.6.5 -- The site is not located within the floodplain or any
overlay districts. Effective January 1, 2003, building permits issued on
the proposed lots will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program. Effective August 1, 2005,
building permits issued on the subject site will be required to adhere to
the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
f. Section 23-2-230.8.6 -- The applicants have demonstrated a diligent
effort to conserve prime agricultural land in the locational decision for the
proposed use. The proposed Kennel facility will utilize existing buildings
2011-0090
PL2091
SPECIAL REVIEW PERMIT#1756-JAMES AND LORI MEINING
PAGE 3
and structures located on a parcel which is 5.4 acres in size. No
agricultural land will be taken out of production.
g. Section 23-2-230.6.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the Weld
County Code), Conditions of Approval, and Development Standards
ensure that there are adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
h. Section 23-4-400 — The attached Conditions of Approval and
Development Standards will ensure that the Kennel will be operated
according to the supplementary Kennel requirements outlined in this
Section of the Weld County Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of James and Lori Meining, for a Site Specific
Development Plan and Use by Special Review Permit #1756 for a Kennel (up to 25 dogs and
one (1) cat) 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 plat:
A. All plat sheets shall be labeled USR-1756.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The dimensions of parking spaces shall be indicated on the plat.
Parking shall meet the design requirements for off-street parking,
outlined in Appendix 23-A of the Weld County Code.
3) The following note shall be added to the plat: "Weld County is not
responsible for the maintenance of drainage related structures."
4) County Road 29 is a local gravel road, which requires 60 feet of
right-of-way at full buildout. The applicants shall verify and
delineate the existing right-of-way (30 feet from centerline). All
setbacks shall be measured from the edge of future right-of-way.
This road is maintained by Weld County.
C. In the event the applicants intend to utilize the septic system at the
existing home for the Kennel sanitation needs, the septic system shall be
reviewed by a Colorado registered professional engineer if the usage
exceeds four (4) people, and/or if wastewater from the Kennel flows into
the septic system. 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
2011-0090
PL2091
SPECIAL REVIEW PERMIT#1756 -JAMES AND LORI MEINING
PAGE 4
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. Alternately, the applicants may
install an Individual Sewage Disposal System (I.S.D.S.) for Kennel
sanitation needs, and it shall be installed according to the Weld County
I.S.D.S. Regulations. The septic system is required to be designed by a
Colorado registered professional engineer, according to the Weld County
I.S.D.S. Regulations.
D. The applicants shall submit documentation from the Central Weld County
Water District, indicating the existing tap is sufficient for the Kennel
operation.
E. The applicants shall provide written evidence to the Weld County
Department of Public Health and Environment indicating that the
applicant has contacted the Colorado Department of Agriculture (CDA),
Division of Animal Industry. This contact shall determine if a license
under the Pet Animal Care Facilities Act (PACFA), as defined under
Section 35-80-101 through 117, C.R.S. is required, or, the applicants may
provide evidence the facility is not subject to the PACFA requirements.
F. The applicants shall address the requirements of the Department of
Building Inspection, as stated in the referral dated August 31, 2010. The
applicants shall provide written evidence from the Department of Building
Inspection, to the Department of Planning Services, that the required
building permits have been applied for.
G. The applicants shall submit three (3) paper copies of the plat, for
preliminary approval, to the Weld County Department of Planning
Services.
2. Upon completion of Condition of Approval #1 above, the applicants shall submit a
Mylar plat, along with all other documentation required as Conditions of Approval.
The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within sixty
(60) days from the date of the Board of County Commissioners Resolution. The
applicant shall be responsible for paying the recording fee.
3. 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.
2011-0090
PL2091
SPECIAL REVIEW PERMIT#1756 -JAMES AND LORI MEINING
PAGE 5
4. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of January, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO DO
ATTEST ,C"^` '
x 3Ik 11;41 ,fi� arbara Kirkmeyer, hair
Weld County Clerk to thearr
( �� � , n �� `; .2 �4 can P Co Pro-Tem BY: , tcDeputy Clerk to the Bo r'3..;�d-fp4 ,
P Y „ A
',';" W. m F. Garcia
APPRQ D A M: C
vid E. Long
ounty Attorney c o
Douglas ademache
Date of signature: /
2011-0090
PL2091
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JAMES AND LORI MEINING
USR#1756
1. The Site Specific Development Plan and Use by Special Review Permit #1756 is for a
Kennel (up to 25 dogs and one (1) cat) in the A (Agricultural) Zone District, and is
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 facility shall be operated by the owner(s) of the property.
4. Dogs shall be kept indoors during night-time hours.
5. Twenty-five (25) is the maximum number of adult dogs allowed on the site at any one
time. Dogs over the age of six (6) months are counted in the maximum number of adult
dogs, in accordance with Section 23-1-90 of the Weld County Code.
6. 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 at least weekly from the facility and disposed of by a
commercial hauler.
7. 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 which protects against surface and groundwater contamination.
8. 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.
9. Waste materials shall be handled, stored, and disposed of in a manner which controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
10. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
11. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division
of Animal Industry, if applicable.
12. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated in accordance with the approved Dust Abatement Plan, at all
times.
13. This facility shall adhere to the maximum permissible noise levels allowed in the
Non-Specified Zone District, as delineated in Section 14-9-30 of the Weld County Code.
2011-0090
PL2091
DEVELOPMENT STANDARDS -JAMES AND LORI MEINING (USR-1756)
PAGE 2
14. Adequate drinking, hand washing, and toilet facilities shall be provided for employees,
visitors, and clients of the facility, at all times.
15. 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 System (I.S.D.S.) Regulations.
16. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. The facility shall utilize the existing public water supply (Central Weld County
Water District).
17. The historical flow patterns and runoff amounts will be maintained on the site in such a
manner that it will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to runoff rate and velocity increases,
diversions, concentration, and/or unplanned ponding of storm runoff.
18. The applicants must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
19. The existing access and gravel driveway shall be graded and drained to provide an
all-weather access to the facility.
20. The applicants shall utilize the existing residential access to this parcel.
21. Pursuant to Chapter 15, Articles I and II, of the Weld County Code, if 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.
22. Effective January 1, 2003, building permits issued on the proposed lots will be required
to adhere to the fee structure of the County-Wide Road Impact Fee Program.
23. Effective August 1, 2005, building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
24. Proper building permits shall be obtained prior to construction of any new structure
and/or the change of use of any existing building or structure.
25. The property owner shall provide a letter of approval from the Platteville/Gilcrest Fire
Protection District, prior to construction of any structure, and/or the change of use of any
existing building or structure.
26. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
27. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
2011-0090
PL2091
DEVELOPMENT STANDARDS -JAMES AND LORI MEINING (USR-1756)
PAGE 3
28. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
29. Weld County Government personnel 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 Development Standards stated herein and all applicable Weld County regulations.
30. 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.
31. 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.
2011-0090
PL2091
Hello