HomeMy WebLinkAbout20101058.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1732 FOR A KENNEL (UP TO 15 PERSONAL DOGS) IN THE
A (AGRICULTURAL) ZONE DISTRICT- MICHAEL AND PAMELA WEISS
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 26th day
of May, 2010, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Michael and Pamela Weiss, P.O. Box 663, Platteville, Colorado 80651
for a Site Specific Development Plan and Use by Special Review Permit#1732 for a Kennel
(up to 15 personal dogs) in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
Lot B of Recorded Exemption #3666; located in
part of the W1/2SW1/4 of Section 33, Township 3
North, Range 66 West of the 6th P.M., Weld
County, Colorado
WHEREAS, the applicant was present at said hearing, 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.
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 located is a
Recorded Exemption created in November 2003, and consists of
approximately 75 acres. The existing improvements include: the Weiss
residence, outbuildings, and numerous oil and gas encumbrances. The
kennel is for personal use of the applicant's 15 dogs.
CA PLC NL, Pw
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SPECIAL REVIEW PERMIT#1732 - MICHAEL AND PAMELA WEISS
PAGE 2
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.K of the Weld County
Code provides for kennels (to accommodate 15 personal dogs), 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 existing kennel,
which has an active zoning violation (ZCV-09-00175) for the presence of
too many household pets, is seeking approval at this location for 15 dogs
owned by the property owner. The surrounding properties are
predominately agricultural in character. The property to the west is
farmed and has a center pivot; the properties to the north contain two
residences, with horses on dryland pasture; the property to the east
contains a residence, with cattle on dryland pasture; and the property to
the south of the site contains the nearest residence, at 1,528 feet from the
Weiss residence. Across County Road 26 is an agricultural crop-dusting
business permitted through USR-1504. The Conditions of Approval and
Development Standards will ensure that this use is compatible with
adjacent 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 the three-mile referral area for
the Town of Platteville. The Town, in a referral response dated
January 14, 2010, indicated it had reviewed the request and found no
conflicts with its interests.
e. Section 23-2-230.B.5 -- The site is not located within the floodplain, as
defined by the FIRM Community Panel Map 080266-0860C, dated
September 28, 1982. 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 23-2-230.6.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The site is located in land designated as "Other,"
according to the U.S.D.A. Soil Conservation Map, dated 1979.
g. Section 23-2-230.B.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
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SPECIAL REVIEW PERMIT#1732 - MICHAEL AND PAMELA WEISS
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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 Michael and Pamela Weiss for a Site Specific
Development Plan and Use by Special Review Permit #1732 for a Kennel (up to 15 personal
dogs) 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-1732.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) County Road 26 is designated on the Weld County Road
Classification Plan as a local gravel road, which requires 60 feet of
right-of-way at full buildout. There is presently 60 feet of
right-of-way. The applicant shall verify the existing right-of-way
and the documents creating the right-of-way. If the right-of-way
cannot be verified, it shall be dedicated. This road is maintained
by Weld County.
C. The applicant 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 applicant 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
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SPECIAL REVIEW PERMIT#1732 - MICHAEL AND PAMELA WEISS
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(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of May, A.D., 2010.
OARD OF COUNTY COMMISSIONERS
; j• /- , \ LD COUN ORADO
A` v �
ATTEST:
1861
las ademache , Chair
Weld County Clerk to the Boact.t
i USED
kL4, arbara Kirkmeyer, Pro-Tem
Dep y Clerk t he Board EXCUSED
Sean P. Conw
AP AS
I F. Garcia
County Attorney F
David E. Lon
Date of signature: 1p l I L(lip
2010-1058
PL2064
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MICHAEL AND PAMELA WEISS
USR-1732
1. The Site Specific Development Plan and Use by Special Review Permit #1732 is for a
Kennel (to accommodate 15 dogs), 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 have no employees.
4. Dogs shall be kept indoors during nighttime hours (7:00 p.m., to 7:00 a.m.).
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 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 which 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 which controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
9. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
10. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division
of Animal Industry, if applicable.
11. 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.
12. This facility shall adhere to the maximum permissible noise levels for non-specified
areas, as delineated in Section 14-9-30 of the Weld County Code.
13. The facility shall utilize the existing individual well, permit number 251600.
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14. 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.
15. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
16. 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.
17. 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.
18. The existing access to the parcel shall remain the primary point of ingress and egress.
19. There will be no parking or staging of vehicles associated with this facility on the County
roads.
20. 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.
21. 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.
22. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
23. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
24. 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.
25. 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.
26. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Noncompliance with any of the foregoing
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Development Standards may be reason for revocation of the Permit by the Board of
County Commissioners.
2010-1058
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