HomeMy WebLinkAbout20102141.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1748 FOR A KENNEL (TO ACCOMMODATE 25 DOGS AND 3 CATS) IN
THE A (AGRICULTURAL) ZONE DISTRICT- RUSSELL AND PATRICIA COMPTON
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 September, 2010, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Russell and Patricia Compton, 14494 County Road 36, Platteville,
Colorado 80651, for a Site Specific Development Plan and Use by Special Review
Permit#1748 for a Kennel (to accommodate 25 dogs and 3 cats) in the A (Agricultural) Zone
District, on the following described real estate, being more particularly described as follows:
Lot A of Recorded Exemption #4021; being part of
the NW1/4 of Section 9, 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 23-2-230.6 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.D (A Goal 4) states, "Conversion of agricultural land to
nonurban residential, commercial, and industrial uses will be
accommodated when the subject site is in an area that can support such
development. Such development shall 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 agricultural in nature.
Section 23-2-240.A.10 of the Weld County Codes states, "...buffering or
screening of the proposed use from adjacent properties may be required
LL '. C\ PLC 4L pt,,) 2010-2141
,
q_ /� PL2077
SPECIAL REVIEW PERMIT#1748 - RUSSELL AND PATRICIA COMPTON
PAGE 2
in order to make the determination that the proposed use is compatible
with the surrounding uses." The applicant has landscaped the majority of
the property with trees and bushes, thereby providing adequate screening
from surrounding properties and public rights-of-way.
b. Section 23-2-230.6.2 -- 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 (to accommodate 25 dogs and 3 cats), in the
A (Agricultural) Zone District. Previously, the property was in violation
(ZCV #1000023) for the operation of a kennel without an approved and
recorded Use by Special Review (USR) permit; however, the violation will
now be closed.
c. Section 23-2-230.B.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 in the area. The property is located within the
three-mile referral area for the Towns of Gilcrest and Platteville. Both
Towns indicated no conflicts with the proposed development in the
referral responses provided. No comments have been received from
surrounding property owners and the applicants have indicated they will
continue to house their dogs at night. Therefore, given the minimal
impact of the proposed use (25 dogs and 3 cats), the use will be
compatible with the 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 property is not located within an Intergovernmental
Agreement (IGA) area; however, it is within the three-mile referral area for
the Towns of Gilcrest and Platteville. The Town of Platteville indicated, in
the referral response dated June 16, 2010, it has no conflicts with the
proposed development. The Town of Gilcrest indicated, in an email dated
July 2, 2010, it has no conflicts with the proposed development. The
surrounding area is agricultural in nature with a few single-family
residences in the area. The Conditions of Approval and Development
Standards will ensure that the use will be compatible with existing
surrounding land uses.
e. Section 23-2-230.B.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
2010-2141
PL2077
SPECIAL REVIEW PERMIT#1748- RUSSELL AND PATRICIA COMPTON
PAGE 3
required to adhere to the fee structure of the Capital Expansion Impact
Fee Program.
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 "Irrigated Land (Not
Prime)," as delineated on the Important Farmlands of Weld County map,
dated 1979. The parcel is five (5) acres in size and is currently
developed, therefore, it is not conducive to agricultural uses.
g. Section 23-2-230.B.7 -- There are adequate provisions for the protection
of the health, safety, and welfare of the inhabitants of the neighborhood
and County. 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 Russell and Patricia Compton, for a Site Specific
Development Plan and Use by Special Review Permit #1748 for a Kennel (to accommodate 25
dogs and 3 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. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR-1748.
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 that will prevent trash from being
scattered by wind or animals.
E. The applicant shall delineate, on the plat, a low point in the neighboring
pasture where water collects.
F. The existing access, circulation, and gravel driveway shall be graded and
drained to provide an all-weather access to the facility.
G. The applicant shall record the access agreement with the neighbor and
place the recording information on the plat.
2010-2141
PL2077
SPECIAL REVIEW PERMIT#1748- RUSSELL AND PATRICIA COMPTON
PAGE 4
H. The Department of Planning Services has determined from the
application materials that one (1) ADA (Americans with Disabilities Act)
parking space will be required on the site. Each parking space shall be
equipped with wheel guards, where needed, to prevent vehicles from
extending beyond the boundaries of the space and from coming into
contact with other vehicles, walls, fences, sidewalks, or plantings.
2. The applicant shall address the requirements and concerns of the Weld County
Department of Building Inspection, as stated in the referral response dated
June 15, 2010. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
3. The applicant shall enter into a Private Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate collateral for all
transportation (access drive, parking areas, etcetera) and non-transportation
improvements (fencing, screening, drainage, etcetera). The agreement and form
of collateral shall be reviewed by County staff and accepted by the Board of
County Commissioners, prior to recording the plat. The applicant may submit
evidence that all the work has been completed and reviewed by the Departments
of Planning Services and Public Works.
4. Upon completion of Conditions of Approval #1 through #3 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 sixty (60) days from the date of the Board
of County Commissioners Resolution. The applicant shall be responsible for
paying the recording fee.
5. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, should the plat not be recorded within the required sixty (60) 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.
6. 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.
2010-2141
PL2077
SPECIAL REVIEW PERMIT#1748 - RUSSELL AND PATRICIA COMPTON
PAGE 5
7. 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 22nd day of September, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
` � U
ATTEST: � '�' AA� c o 1 O� CtC� �4 r/
�J D •la ade a her C air
Weld County Clerk tot o i�, ���• = � , k-2L ,BY: St •.~i lJ rbara Kirkmeyer, ro-Tem
Deputy Clerk to the B."L ��� NI
Sean P. ' o ay
APP AS RM:
F. .cia
ounty Attorney 1, c J F,c,
/1 David E. Long
Date of signature: 7/-28
2010-2141
PL2077
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RUSSELL AND PATRICIA COMPTON
USR-1748
1. A Site Specific Development Plan and Use by Special Review Permit #1748 is for a
Kennel (to accommodate 25 dogs and 3 cats), 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 number of employees shall be limited to four (4).
4. The dogs shall be housed during the nighttime hours.
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 at least weekly from the facility and disposed of every other
week 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.
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 allowed in
Non-Specified Areas, as delineated in Section 14-9-40 of the Weld County Code.
13. Adequate drinking, hand washing, and toilet facilities shall be provided for employees
and clients of the facility, at all times.
2010-2141
PL2077
DEVELOPMENT STANDARDS - RUSSELL AND PATRICIA COMPTON (USR-1748)
PAGE 2
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 Systems (I.S.D.S.) Regulations.
15. 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).
16. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
17. In the event the applicant intends to utilize the septic system at the existing home for
clients and kennel sanitation needs, the septic system shall be reviewed by a Colorado
registered professional engineer if the usage exceeds six (6) people and/or 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 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 applicant may install an
I.S.D.S. for clients and 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.
18. 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.
19. 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.
20. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
21. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
22. 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.
23. The screening on the site shall be maintained in accordance with the approved
Screening Plan.
2010-2141
PL2077
DEVELOPMENT STANDARDS - RUSSELL AND PATRICIA COMPTON (USR-1748)
PAGE 3
24. Twenty five (25) is the maximum number of dogs, and three (3) is the maximum number
of cats, allowed on the site at any one time. Dogs and cats 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.
25. 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.
26. 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.
27. 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.
28. 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.
29. 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.
30. 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.
2010-2141
PL2077
Hello