HomeMy WebLinkAbout20100254 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1717 FOR A KENNEL (UP TO SEVEN [7] DOGS, THREE [3] CATS, AND
[3] BIRDS) IN THE A (AGRICULTURAL) ZONE DISTRICT- SANDRA RAKOWSKI
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 17th day
of February, 2010, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Sandra Rakowski, 11467 County Road 18, Fort Lupton, Colorado
80621, for a Site Specific Development Plan and Use by Special Review Permit#1717 for a
Kennel (up to seven [7] dogs, three [3] cats, and [3] birds) in the A (Agricultural) Zone District,
on the following described real estate, being more particularly described as follows:
Lot A of Recorded Exemption #2733; being located
in part of the S1/2 of Section 24, Township 2 North,
Range 67 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.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
Conditions of Approval and Development Standards will ensure that the
proposed use will be compatible with the area. The surrounding property
is primarily residential in nature. Section 23-2-240.A.10 of the Weld
County Codes states, "...that buffering or screening of the proposed use
from adjacent properties may be required in order to make the
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SPECIAL REVIEW PERMIT #1717 - SANDRA RAKOWSKI
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determination that the proposed use is compatible with the surrounding
uses." The applicant has already installed landscaping and fencing which
adequately screens the use from surrounding properties and public rights-
of-way.
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 allows for A Site Specific Development Plan and Use by Special
Review Permit for a Kennel (up to [7] dogs, [3] cats, and [3] birds) in the
in the A (Agricultural) Zone District. Currently, the property is in violation
(ZCV09-00187) for the additional household pets without an approved
and recorded Use by Special Review (USR) Permit. Approval of this
USR permit has rectified the violation case, therefore, it will be closed.
c. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The surrounding
properties to the north, south, east, and west are zoned A (Agricultural),
with single family homes and two gravel operations to the east, permitted
under AmUSR-1255 and USR-1394. The property is located within the
three-mile referral area for the City of Fort Lupton. The Weld County
Department of Planning Services has not received a referral from the City
of Fort Lupton, therefore, given the minimal impact of the proposed use
(up to [7] dogs, [3] cats, and [3] birds) the use will be compatible with
existing surrounding land uses.
d. Section 23-2-230.6.4 -- 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 Conditions of Approval and Development Standards
will ensure that the use will be compatible with future development.
e. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. 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.B.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The subject site is classified as "Other," as delineated on
the Important Farmlands of Weld County Map, dated 1979. This size of
the parcel (3.25 acres) and current development on the site make the
property non-conducive to agricultural uses.
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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 will
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 Sandra Rakowski, for a Site Specific
Development Plan and Use by Special Review Permit #1717 for a Kennel (up to seven
[7] dogs, three [3] cats, and (3] birds) in the A (Agricultural) Zone District, on the parcel of
land described above be, and hereby is, granted subject to the following conditions:
1. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR-1717.
B. The attached Development Standards.
C. The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
D. 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 which will prevent trash from being scattered by wind or
animals.
2. Upon completion of Condition of Approval #1 above, the applicant shall
submit three (3) paper copies of the plat, for preliminary approval, to the
Weld County Department of Planning Services. Upon approval of the
paper copies, 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 thirty (30) 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 #2005-7, approved
June 1, 2005, should the plat not be recorded within the required
thirty (30) 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#1717 - SANDRA RAKOWSKI
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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. 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 17th day of February, A.D., 2010.
N BOARD OF COUNTY COMMISSIONERS
La WELD COUNTY, COLORADO
ATTEST: J
iougias I ademach r,,Chair
Weld County Clerk to the s y
Z -_
� �f B rbara Kirkmeye ro-Tem
BY;
De y Cler o the Board
Sean P. Conw
APPROVED AS T
William F. Garcia
nt torney EXCUSED
• David E. Long
Date of signature: aI33II0
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SANDRA RAKOWSKI
USR #1717
1. A Site Specific Development Plan and Use by Special Review Permit #17171 is for a
Kennel (up to [7] dogs, [3] cats, and [3] birds) in the in the A (Agricultural) Zone District,
and 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. 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 at least weekly, and disposed of every other
week by a commercial hauler.
4. 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.
5. 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.
6. 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.
7. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
8. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division
of Animal Industry.
9. The 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. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
11. The facility shall utilize the existing individual well (Permit 162220).
12. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
13. Effective January 1, 2003, building permits issued on the lot will be required to adhere to
the fee structure of the County-Wide Road Impact Fee Program.
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14. 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.
15. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
16. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
17. 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.
18. The screening on the site shall be maintained in accordance with the approved
Screening Plan.
19. Seven (7) is the maximum number of dogs, three (3) is the maximum number of cats,
and three (3) is the maximum number of birds allowed on the site at any one time.
Dogs, cats, and birds over the age of six (6) months are counted towards the maximum
numbers described above, in accordance with Section 23-1-90 of the Weld County
Code.
20. All the animals are owned by the property owner and there will be no customers or
employees using the site.
21. 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.
22. 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.
23. 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.
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
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are permitted. Any other changes shall be filed in the office of the Department of
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.
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